Section 53 Legal counsel

(1) Sentenced persons may at any stage of the proceedings avail themselves of the services of legal counsel. The same applies to third parties who could, in the light of the circumstances of the case, assert rights in the property in the case of enforcement of foreign orders for confiscation.

(2)  The mandatory assistance of legal counsel is required if
1. the involvement of legal counsel appears necessary on account of the complexity of the factual or legal situation,
2. it is clear that the sentenced person is not in a position to adequately exercise their rights themselves or
3. the sentenced person is under arrest outside of the area of application of this Act and there are doubts as to whether they are in a position to adequately exercise their rights themselves.

(3)  If the mandatory assistance of legal counsel is required and the sentenced person has not yet mandated legal counsel, then legal counsel is to be appointed for the sentenced person upon application or ex officio. Upon disclosure that proceedings to enforce a foreign judgment have been instituted, sentenced persons are to be instructed about their right to apply for legal counsel to be appointed.

(4) The decision on the appointment falls to that court which has jurisdiction to give the decision on the enforceability of a foreign judgment.

(5) The appointment may be revoked where the mandatory assistance of legal counsel is no longer required.

(6) The provisions of Book 1 Division 11 of the Code of Criminal Procedure, with the exception of sections 139, 140, 141, 141a, 142 (2) and (3), 143 (1) and (2) sentences 2 to 4, 143a (3) and 144 apply accordingly.

Section 83j Legal counsel

(1) The mandatory assistance of legal counsel is required in proceedings to enforce a European Arrest Warrant for the purpose of prosecution if
1. the person pursued nominates legal counsel in the area of application of this Act to assist his or her legal counsel in the requested Member State and
2. the appointment of the additional legal counsel is necessary to guarantee the effective exercise of the person pursued’s rights in the requested state.

(2) Where the mandatory assistance of legal counsel is required pursuant to subsection (1) and the person pursued does not yet have legal counsel in the area of application of this Act to assist his or her legal counsel in the requested Member State, legal counsel is to be appointed upon application or ex officio.

(3) It is for the court which issued the domestic arrest warrant giving rise to the European Arrest Warrant to make the appointment. After preferment of public charges, the decision lies with the president of the court before which the proceedings are pending.

(4) The appointment is, as a general rule, to be revoked if the conditions of subsection (1) are no longer met or the person pursued has been transferred.

(5) The provisions of Book 1 Division 11 of the Code of Criminal Procedure, with the exception of sections 139, 140, 141, 141a, 142 (2) and (3), 143 (1) and (2) sentences 2 to 4, 143a (3) and 144 apply accordingly.

Section 87e Legal counsel

Section 53 concerning legal counsel applies accordingly.

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.

Section 114b
Instruction of arrested accused

(2) In the instruction pursuant to subsection (1) accused persons are to be advised that they

4. may at any time, including before their examination, consult with defence counsel of their own choice; they are to be provided with information which assists them in contacting defence counsel; reference is thereby to be made to emergency legal services,

Section 137
Accused’s right to assistance of defence counsel

(1) Accused persons may avail themselves of the assistance of defence counsel at any stage of the proceedings. No more than three defence counsel may be chosen.