Rights during trial - legal assistance

Estonia

Estonia - Criminal Procedure Code 2003 (2020) EN

Chapter 1GENERAL PROVISIONS

§ 8. Safeguarding of rights of participants in proceedings
3) ensure the assistance of a counsel to the suspect and accused in the cases provided for in subsection 45 (2) of this Code or if such assistance is requested by the suspect or accused;
4) in the cases of urgency, provide a suspect or accused held in custody with other legal assistance at his or her request;

Chapter 2PERSONS INVOLVED IN CRIMINAL PROCEEDINGS

Division 4Suspect and Accused

§ 34. Rights and obligations of suspects
(1) A suspect has the right to:
3) the assistance of a counsel;
4) confer with the counsel without the presence of other persons;

Chapter 2PERSONS INVOLVED IN CRIMINAL PROCEEDINGS

Division 6Counsel

§ 42. Counsel
(2) In judicial proceedings, a person being defended may, by agreement, have up to three counsels.

Chapter 2PERSONS INVOLVED IN CRIMINAL PROCEEDINGS

Division 6Counsel

§ 43. Choice and appointment of counsel
(1) In criminal proceedings, the suspect, the accused or the convicted offender may choose a counsel personally or through another person.

Chapter 2PERSONS INVOLVED IN CRIMINAL PROCEEDINGS

Division 6Counsel

§ 45. Participation of counsel in criminal proceedings
(2) The participation of counsel is mandatory for the entire course of criminal proceedings if:
1) the person was a minor at the time of commission of the criminal offence or unlawful act;
[RT I, 21.06.2014, 11 - entry into force 01.07.2014]
2) due to his or her mental or physical disability, the person is unable to defend himself or herself or if defence is complicated due to such disability;
3) the person is suspected or accused of a criminal offence for which life imprisonment may be imposed;
4) the interests of the person are in conflict with the interests of another person who has a counsel;
5) the person has been held in custody for at least four months;

Rome Statute

Article 67 Rights of the accused

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;