Rights during trial - legal assistance

Timor-Leste

Código do Processo Penal de Timor-Leste

CRIMINAL PROCEDURE CODE

PART I
ON THE GENERAL PART

TITLE III
ON PROCEDURAL PARTICIPANTS

CHAPTER VI
ON SUSPECTS, DEFENDANTS AND CONVICTS

Article 60
Rights of the defendant

In addition to other rights enshrined in the law, the defendant enjoys the following rights :

(d) to be assisted by a defender, where the law determines compulsory assistance or where he or she so requires ;

CRIMINAL PROCEDURE CODE

PART I
ON THE GENERAL PART

TITLE III
ON PROCEDURAL PARTICIPANTS

CHAPTER VII
ON DEFENDERS

Article 66
The defender

1. A defendant has the right to retain counsel or to have a defender appointed, whether on a discretionary basis or at request.

CRIMINAL PROCEDURE CODE

PART IV
ON FINAL PROVISIONS

Article 354
Requirements for confirmation

1. In order for a criminal sentence imposed by a foreign court to be confirmed, the following requirements need to be met :

(d) that the defendant has been assisted by a defender and, where the defendant was not familiar with the language used in the proceeding, also by an interpreter ;

Constitution of the Democratic Republic of Timor-Leste

PART II
FUNDAMENTAL RIGHTS, DUTIES, LIBERTIES AND GUARANTEES

TITLE II
PERSONAL RIGHTS, FREEDOMS AND GUARANTEES

Section 34 (Guarantees in criminal proceedings)

2. An accused person has the right to select, and be assisted by, a lawyer at all stages of the proceedings and the law shall determine the circumstances for which the presence of the lawyer is mandatory.

Rome Statute

Article 67 Rights of the accused

1. In the determination of any charge, the accused shall be entitled to a public hearing, having regard to the provisions of this Statute, to a fair hearing conducted impartially, and to the following minimum guarantees, in full equality:

(d) Subject to article 63, paragraph 2, to be present at the trial, to conduct the defence in person or through legal assistance of the accused's choosing, to be informed, if the accused does not have legal assistance, of this right and to have legal assistance assigned by the Court in any case where the interests of justice so require, and without payment if the accused lacks sufficient means to pay for it;