PART TWO THE FUNDAMENTAL HUMAN RIGHTS AND FREEDOMS
CHAPTER II PERSONAL RIGHTS AND FREEDOMS
Article 31
During a criminal proceeding, everyone has the right:
ç) to be defended by himself or with the assistance of a defence lawyer chosen by him; to communicate freely and privately with him, as well as to be assured of free defence when he does not have sufficient means;
GENERAL PROVISIONS
Article 6 Right to defence
1. The defendant has the right to defend himself in person or through the legal assistance of a lawyer. If he has no sufficient means, he shall be guaranteed legal defence by lawyer, free of charge, in the cases provided for by this Code.
2. The lawyer shall assist the defendant to have his procedural rights guaranteed and his legitimate interests protected.
CHAPTER IV THE DEFENDANT
Article 34/a Rights of the defendant
1. The person under investigation or the defendant shall be entitled to:
be informed in a shortest time possible in a language he understands, on the charge for which he is investigated as well as the grounds of the charges;
ç) provide defence by himself or with the help of a defence lawyer elected by him;
CHAPTER V THE DEFENDANT’S LAWYER
Article 48 Retained lawyer
1. the defendant is entitled to appoint up to two lawyers.
2. The appointment is made by means of a statement before the proceeding authority or by means of a document given to the lawyer or sent to him by registered mail.
3. The appointment of the lawyer of a person who is detained, arrested or convicted to imprisonment, may be done by his relatives in the forms provided by paragraph 2, unless he has appointed one by himself.
TITLE VI PRELIMINARY INVESTIGATIONS
CHAPTER V ACTIVITIES OF THE PROSECUTOR
Article 309 Appointment and assistance of the lawyer
1. The defendant who does not have a lawyer shall be informed by the prosecutor that he shall be assisted by a lawyer appointed exofficio, as per the cases provided for by this Code.
2. The retained lawyer or the exofficio-assigned lawyer shall be informed, at least twenty-four hours in advance, when proceeding with questioning, examination or confrontation. If the delay may compromise investigations, the lawyer shall be promptly informed.
3. The minutes of the activities performed by the prosecutor and the judicial police, in which the defense lawyer has the right to intervene, shall be submitted with the secretary of the prosecution office within three days of the date of execution of the activity, with the right of the lawyer to review them and make copies.
TITLE IX EXECUTION OF DECISIONS
CHAPTER I EXTRADITION
SECTION I EXTRADITION ABROAD
Article 496 Hearing of the person under coercive measure
1. In case a precautionary measure is imposed, the court, as soon as possible and, anyway, not later than three days from the execution of the measure, shall make sure of the identity of the person and takes its possible consent to extradition, reflecting this in the minutes.
2. The court informs the interested person on the right to a defence lawyer and, in absence of the latter, appoints him a defence lawyer ex officio. The defence lawyer must be notified, at least twenty-four hours before for the abovementioned actions and has the right to participate to them.
TITLE IX EXECUTION OF DECISIONS
CHAPTER III EXECUTION OF THE CRIMINAL DECISIONS
SECTION I EXECUTION OF FOREIGN CRIMINAL DECISIONS
Article 514 Conditions for recognition
1. The foreign court decision may not be recognized when:
c) the decision has not been issued by an independent and impartial court or the defendant has not been summoned to appear to trial or he /she has not been granted the right to be questioned in a language he understands and to be assisted by a defence lawyer;
Article 8- Questioning of witnesses
The courts for serious crimes and the courts of appeal for serious crimes may permit that questioning of witnesses, as well as confrontations and permissible readings be performed under the following rules, either together or separately:
a) in the presence of the defendant and the defence attorney, but without visual contact;
b) without communicating to the defendant and the defence attorney the identity of the witness;
c) in certain other cases and ways, determined according to the legislation on the protection of witnesses and justice collaborators.
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;