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/b Rights of arrested or detained person
1. The arrested or detained person, in addition to the rights provided for in letters “a”, “b”, “c”, “ç”, “d”, “dh” and “e”, of paragraph 1, of Article 34/a, of this Code, shall be entitled:
a) to have a confidential meeting with his lawyer, before being questioned for the first time;
b) to access the acts, necessary evidence and the grounds for his arrest or detention;
TITLE V PRECAUTIONARY MEASURES
CHAPTER IIIARREST IN FLAGRANTE DELICTO AND DETENTION
Article 256 Questioning of the arrested or detained person
1. The prosecutor shall question the arrested or detained person in the presence of his/her retained or exofficio - appointed defense lawyer. He shall inform the arrested or detained person on the facts he is being prosecuted for and the reasons for his questioning, indicating any information against him/her and, when this does not compromise the investigations, also the sources [of such information].
TITLE VI PRELIMINARY INVESTIGATIONS
CHAPTER IV EX OFFICIO ACTIVITIES OF THE JUDICIAL POLICE
Article 296 Information from the person under investigation
1. Judicial police officers shall collect information from the person under investigation in the mandatory presence of his lawyer, except in the cases of a person arrested in flagrante delicto or placed under temporary detention, who shall be questioned following the rules provided for by article 256. If the defense lawyer has not been found or has not appeared, the judicial police shall require the prosecutor to appoint another lawyer. In any case, before proceeding with the questioning, he shall be provided with the letter of rights. Rules provided for by articles 34/a and 38 of this Code shall apply.
2. At the crime scene or immediately after the offence has been discovered, judicial police officers may, even in the absence of the defense lawyer, obtain information from the person under investigation, necessary for the continuation of the investigation, even if he/she is arrested in flagrante delicto or under detention. The obtained information shall not be documented and their use as evidence is prohibited.
3. If the person under investigation appears and requests to provide statements, the judicial police shall proceed by receiving them. Their use is not allowed at trial, except when used to rebut a statement made before the court.
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:
(d) To be questioned in the presence of counsel unless the person has voluntarily waived his or her right to counsel.