''Title IV, § § 264''
interest of the administration of justice, in particular in the interest of
adequate defence (legal aid defence counsel). Providing a defence counsel
shall at any rate be considered necessary in terms of this provision:
1. to elaborate any appeals that have been lodged, and for the public
hearing on the appeal,
2. to submit an objection against the bill of indictment,
3. if the accused (defendant) is blind, deaf, mute, disabled in any other
way, or not sufficiently able to speak the court language, and
therefore unable to defend himself,
4. if the factual or legal situation is a difficult one.
If a legal aid defence counsel is provided for the trial or for the appeal,
the appointment of such counsel shall also apply to the appeal
proceedings unless ordered otherwise by the court in the individual case.
3) The accused (defendant) shall require a defence counsel for the
duration of pre-trial detention and for the trial before the criminal
tribunal. If neither the accused (defendant) himself nor his legal
representative choose a defence counsel for him in these cases and if he is
not provided with a defence counsel in terms of Para. (2), either, he shall
be provided with a defence counsel ex officio and in the case of detention
no later than before the first detention hearing is carried out; the defendant
shall bear the costs of such defence counsel unless the requirements for
providing a legal aid defence counsel in terms of para (2) apply. Para. (2)
last sentence shall apply mutatis mutandis.
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;