II. Specific provisions

B. Judicial assistance; procedural provisions

Article 18
Questioning of suspects pursuant to requests from the International Criminal Court

(2) Such reference to their rights and the corresponding statement by the persons to be questioned shall be noted in the record. Where the conditions of paragraph 26(2) are fulfilled and the person demands to be questioned in the presence of counsel, the suspect shall be assigned counsel even without applying for one, and shall not have to bear counsel’s costs.

II. Specific provisions

B. Judicial assistance; procedural provisions

Article 18
Questioning of suspects pursuant to requests from the International Criminal Court

(1) Persons questioned pursuant to a request from the International Criminal Court on suspicion of having committed a crime within its jurisdiction shall, prior thereto, be informed of the crime they are suspected of and of their right to:

(b) be represented by the counsel of their choice, and, where they have no counsel, to be assigned counsel pursuant to paragraph 26(2) of the Code of Criminal Procedure;

''Title IV, § 24''

1) The accused may use a defence counsel even during the provisional
inquiry and in all criminal proceedings.

''Title IV, § 30''

1) Even during the investigation, the accused may hire a defence counsel

to safeguard his rights considering judicial acts that directly concern the

ascertainment of the facts and do not permit repetition later, and to elaborate

certain appeals lodged by the accused.

''§ 1471''

1) Before the examination starts, the investigating judge shall instruct

the accused (§ 23(3)) in terms of § 130(1) second and third sentence. The

accused shall then be asked about his first and last name, date of birth,

religion, place of birth, place of residence, marital status, trade or

occupation, and also - if it appears necessary for the purposes of the

investigation - about his family and financial situation, his curriculum

vitae, and in particular whether and if so, why he has already been

subject to any investigation or penalty.

2) The accused shall have the right to consult a defence counsel for his

examination; such counsel must not himself take part in the examination

in any way, but may ask the accused supplementary questions after the

examination has ended. During the examination, the accused must not

discuss the answers to individual questions with his counsel. However,

calling in a defence counsel may be refrained from as far as this seems

necessary to avert any danger to the investigation or any impairment of

evidence. In this case, an audio or video recording (§ 50a) shall be made

if possible.

3) If the concern stated in § 115a(1) exists with regard to an accused,

that accused may be examined by the investigating judge subject to § 115a

in the manner described there.