PART ONE OPENING PROVISIONS
Mandatory Defense
(1) The defense counsel must always be representing a person
a) against whom is being conducted proceeding on his extradition to a foreign state,
b) against whom is being conducted proceeding on his surrender pursuant to provisions of Part five, Chapter II or proceedings on his surrender to an international juridical authority
referred to in Section 145 (1) b) or c),
c) against whom is being conducted proceedings on extension of extradition,
d) against whom is being conducted proceedings on extension of surrender, or
e) who is to make a declaration as to whether he waives the right for application of the principle of specialty in proceedings after being extradited to a foreign state or
surrendered pursuant to provisions of Part five, Chapter II.
(2) The defense counsel must always represent also a person, against whom is being conducted proceedings on recognition and execution of a foreign decision, a decision of another state of the European Union /hereinafter referred to as “another Member State of the EU”), or a decision of an international juridical authority referred to in Section 145 (1) b) or c),
a) by which was imposed an unsuspended sentence of imprisonment or protective measure associated with incarceration,
b) if he is in custody, serving an unsuspended sentence of imprisonment or protective measure associated with incarceration,
c) if he is legally incapacitated or if his legal capacity is restricted,
d) he is a juvenile, or
e) if the court considers it necessary, especially because it has doubts about the capacity of
this person to properly defend himself in view of his physical or mental impairments.
CHAPTER FIVE
THE RIGHT TO JUDICIAL AND OTHER LEGAL PROTECTION
Article 37
(2) In proceedings before courts, other State bodies, or public administrative authorities, everyone shall have the right to legal assistance from the very beginning of such proceedings.
CHAPTER FIVE
THE RIGHT TO JUDICIAL AND OTHER LEGAL PROTECTION
Article 40
(3) The accused has the right to be given the time and opportunity to prepare a defense and to be able to defend herself, either pro se or with the assistance of counsel. If she fails to choose counsel even though the law requires her to have one, she shall be appointed counsel by the court. The law shall set down the cases in which the accused is entitled to counsel free of charge.
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;