Rights during investigation - legal assistance

Germany

Germany - Cooperation with ICC 2002 EN

Part 2 Surrender of Persons

§ 31 Legal Assistance

(1) The suspect may, at any stage of the proceedings, use legal assistance.
(2) An attorney will be ordered as the legal assistance for a suspect who has not chosen legal assistance at the latest after the first examination pursuant to § 14 para. 2 also in connection with § 15 para. 2.
(3) The provisions of Chapter 11 of Part One of the Criminal Procedure Code, with the exception of §§ 140, 141 para. 1-3, and 142 para. 2, apply mutatis mutandis.

Part 2
Surrender of Persons

§ 15
Procedure After Provisional Arrest

(2) § 14 para. 2 applies mutatis mutandis to the examination of the suspect.

Germany - Criminal Procedure Code 1950 (2014) EN

PART ONE
GENERAL PROVISIONS

CHAPTER IX
ARREST AND PROVISIONAL APPREHENSION

Section 114b
[Instruction of Arrested Accused; Rights]

(2)4. may at any time, also before his examination, consult with defence counsel of his choice;

PART ONE
GENERAL PROVISIONS

CHAPTER XI
DEFENCE

Section 137
[Defence Counsel]

(1) The accused may have the assistance of defence counsel at any stage of the proceedings. Not more than three defence counsel may be chosen.


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