ARTICLE II
BILL OF RIGHTS
Section 4. Due Process and Fair Trial.
(4) In all criminal prosecutions, the accused shall enjoy the right to defend himself in person or through legal assistance of his own choice and, if he lacks funds to procure such assistance, to receive it free of charge if the interests of justice so require,
''ARTICLE I, SUPREMACY OF THE CONSTITUTION, Section 4. Due Process and Fair Trial''
(1) No person shall be deprived of life, liberty, or property without due process of law.
(2) Every person charged with a criminal offense shall be presumed innocent until proven guilty beyond a reasonable doubt.
(3) Bail shall not be required in an amount greater than needed to ensure that the accused will appear for trial, nor may any person be detained before trial when other means are available to provide reasonable assurance that he will not flee or gravely endanger the public safety.
(4) In all criminal prosecutions, the accused shall enjoy the right to be informed promptly and in detail of the nature and cause of the accusation against him; to a prompt judicial determination of whether there is good cause to hold him for trial; to a speedy and public trial before an impartial tribunal; to have adequate time and facilities for the preparation of his defense; to defend himself in person or through legal assistance of his own choice and, if he lacks funds to procure such assistance, to receive it free of charge if the interests of justice so require; to be confronted with the witnesses against him; and to have compulsory process for obtaining witnesses in his favor.
(5) There shall be a right to trial by jury, unless knowingly and voluntarily waived by the accused, whenever the applicable law makes the offense punishable by three (3) or more years in prison or, in the case of an offense for which no maximum is specified, whenever the sentence actually imposed is three (3) years or longer.
(6) No person shall be held to answer for a crime except on presentment or indictment or criminal information.
(7) No person shall be compelled in any criminal case to be a witness against himself, or against his spouse, parent, child, or sibling, or to give testimonial evidence against any such person whenever that evidence might directly or indirectly be used to obtain such person’s criminal conviction.
(8)No person shall be subjected to coercive interrogation, nor may any involuntary confession or involuntary guilty plea, or any confession extracted from someone who has not been informed of his rights to silence and legal assistance and of the fact that what he says may be used against him, be used to support a criminal conviction.
(9) No person shall be subjected to double jeopardy, but retrial shall be permitted after a conviction has been reversed on the defendant’s appeal.
(10) No person shall be preventively detained, involuntarily committed, or otherwise deprived of liberty outside the criminal process, except pursuant to Act, subject to fair procedures, and upon a clear showing that the person's release would gravely endanger his own health or safety, or the health, safety, or property of others.
PART IV - RIGHTS OF DEFENDANTS
§137. Enumerated.
Every defendant in a criminal case before a court of the Republic shall be entitled :
(b) to consult counsel before the trial and to have an attorney-at-law or other representative of his own choosing defend him at the trial ;
TITLE IV. ARRAIGNMENT AND PREPARATION FOR TRIAL
Rule 11. Pleas
(b) Considering and Accepting a Guilty or Nolo Contendere Plea.
(1) Advising and Questioning the Defendant. Before the court accepts a plea of guilty or nolo contendere, the defendant may be placed under oath, and the court must address the defendant personally in open court. During this address, the court must inform the defendant of, and determine that the defendant understands, the following :
(F) the right to self representation or to be represented by legal counsel - and if necessary have the court appoint counsel at no cost at trial and at every other stage of the proceeding ;
TITLE VI. TRIAL
Rule 29.1. Trial Procedure.
(i) The Defense.
(1) After the consideration of the prosecution's evidence and any action taken thereon as provided in paragraph (h) above, the court will call upon the defendant or defendant's counsel to present defendant's defense in respect to the charges against the defendant.
(2) The defendant may make an opening statement, if the defendant has not done so earlier. The defendant may also call and examine any witnesses for the defense in the same manner as is provided for the prosecution above. These witnesses are subject to cross-examination by the prosecution in the same manner as is provided for the defense above.
TITLE IX. GENERAL PROVISIONS
Rule 44. Right to and Appointment of Counsel
(a) Right to Appointed Counsel. A defendant who is unable to obtain counsel is entitled to have counsel appointed to represent the defendant at every stage of the proceeding from initial appearance through appeal, unless the defendant waives this right.
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;