Chapter II
Fundamental Rights, Freedoms and Duties
§ 21.
Everyone who has been deprived of his or her liberty must be informed promptly, in a language and manner which he or she understands, of the reason for the deprivation of liberty and of his or her rights, and be given an opportunity to notify those closest to him or her. A person suspected of a criminal offence must also be promptly given an opportunity to choose a counsel and to confer with him or her. The right of a person suspected of a criminal offence to notify those closest to him or her of the deprivation of liberty may be circumscribed only in the cases and pursuant to a procedure provided by law to prevent a criminal offence or in the interests of ascertaining the truth in a criminal case.
No one may be held in custody for more than forty-eight hours without a specific authorisation of a court. The decision of the court must be promptly communicated to the person in custody in a language and manner which he or she understands.
Chapter 1GENERAL PROVISIONS
§ 8. Safeguarding of rights of participants in proceedings
2) provide the suspect and accused with a real opportunity to defend themselves;
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
§ 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;
Chapter 3PROOF
Division 3Interrogation of Suspect
§ 75. Interrogation of Suspect
(3.1) The suspect and his or her counsel have the right to get a copy of the record of interrogation of the suspect during the interrogation to the extent provided for in clauses 76 (1) 1)-3) of this Code.
[RT I, 23.02.2011, 1 - entry into force 01.09.2011]
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