Part I General Provisions
Chapter III Competence to Stand Trial
Article 29
(1) When, pursuant to the provisions of the preceding two Articles, there is no one to represent the accused, the court must, upon the request of a public prosecutor or ex officio, appoint a special representative.
( 2) When, pursuant to the provisions of the preceding two Articles, there is no one to represent the suspect, the court must, upon the request of a public prosecutor, judicial police officer or an interested party, appoint a special representative.
( 3) The special representative carries out the relevant duties until another person is able to represent the accused or the suspect with regard to procedural actions.
Part I General Provisions
Chapter IV Counsel and Assistants
Article 30
(1) The accused or the suspect may appoint defense counsel at any time.
(2) The legal representative, curator, spouse, lineal relative, sibling of the accused or suspect may independently appoint defense counsel.
Part II First Instance
Chapter III Public Trials
Section 1 Trial Preparation and Trial Proceedings
Article 272
(1) (1) The court must, when prosecution has been instituted, inform the accused without delay that the accused may appoint defense counsel and that when the accused is unable to personally appoint defense counsel because of indigence or other reasons, said accused may request the court to appoint defense counsel for said accused; provided however, that this does not apply when the accused already has defense counsel.
(2) The court must, when notifying the accused that said accused may appoint defense counsel pursuant to the preceding paragraph, inform the accused that said accused must submit a report on personal financial resources, and if the accused's Financial Resources are equal to or exceed the base amount, the accused must have first requested a bar association (the bar association to which the request under Article 31-2, paragraph (1) in accordance with Article 36-3, paragraph ( 1) is to be made) to appoint defense counsel except in cases where a defense counsel is required under this Code.
Part II First Instance
Chapter III Public Trials
Section 1 Trial Preparation and Trial Proceedings
Article 289
(1) (1) When a case is punishable by the death penalty, life imprisonment, life imprisonment without work, or imprisonment or imprisonment without work whose maximum term is more than three years, the trial may not be convened without the attendance of defense counsel.
CHAPTER III
RIGHTS AND DUTIES OF THE PEOPLE
Article 37.
At all times the accused shall have the assistance of competent counsel who shall, if the accused is unable to secure the same by his own efforts, be assigned to his use by the State.
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;