Rights during investigation - 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 II
ON ORDINARY PROCEDURES

TITLE II
ON TRIALS

CHAPTER II
ON HEARINGS

SECTION III
ON PRODUCTION OF PROOFS

Article 268
Statements by the defendant

7. The defendant may, spontaneously or on the recommendation of the defender, refuse to respond to some or all of the questions asked, without detriment to himself or herself.

Constitution of the Democratic Republic of Timor-Leste

PART II
FUNDAMENTAL RIGHTS, DUTIES, LIBERTIES AND GUARANTEES

TITLE II
PERSONAL RIGHTS, FREEDOMS AND GUARANTEES

Section 30 (Right to personal freedom, security and integrity)

3. Every individual who loses his or her freedom shall be immediately informed, in a clear and precise manner, of the reasons for his or her arrest or detention as well as of his or her rights, and allowed to contact a lawyer, directly or through a relative or a trusted person.

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 55 Rights of persons during an investigation

2. Where there are grounds to believe that a person has committed a crime within the jurisdiction of the Court and that person is about to be questioned either by the Prosecutor, or by national authorities pursuant to a request made under Part 9, that person shall also have the following rights of which he or she shall be informed prior to being questioned:

(c) To have legal assistance of the person's choosing, or, if the person does not have legal assistance, to have legal assistance assigned to him or her, in any case where the interests of justice so require, and without payment by the person in any such case if the person does not have sufficient means to pay for it; and