Rights during investigation - legal assistance

Czech Republic

Czech republic - Act on International Judicial Cooperation in Criminal Matters 2013 EN

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.

PART FOUR Cooperation with International Criminal Courts and Tribunals
Chapter I General Provisions

Section 149 Contact of Persons with International Court
(1) A person located in a facility where his personal liberty is being restricted, against whom are being conducted proceedings before an international court and who is concerned by a request or order of an international court or who is serving a sentence imposed by an international court, has the right to freely
a) receive and at his own expense send written notices to the international court and its authorities,
b) receive visits from the representatives of the international court and his defense counsel or legal representative in proceedings before the international court and to consult them without the presence of third persons.

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