Rights during investigation - legal assistance

Marshall Islands

Marshall Islands - Criminal Procedure Act 2005 (2007) EN

PART II- PROCESS ; WARRANTS AND ARREST

§120. Rights of Persons Arrested.

(1) In any case of arrest it shall be unlawful :

(c) to deny to the person so arrested the right to see at reasonable intervals, and for a reasonable time at the place of detention, counsel, or members of family, or employer, or a representative of employer ;

PART II- PROCESS ; WARRANTS AND ARREST

§120. Rights of Persons Arrested.

(2) In addition, any person arrested shall be advised as follows :

(b) that the person has the right to legal assistance of that person’s choice and that if the persons lacks funds to procure such assistance, to receive it free of charge if the interests of justice so require ;

Marshall Islands - Rules of Criminal Procedure 2005 (2007) EN

TITLE II. PRELIMINARY PROCEEDINGS

Rule 5. Initial Appearance

(d) Procedure.

(1) Advice. At the defendant's initial appearance, the judge must inform the defendant of the following :

(C) if the defendant is in custody, the defendant's right to see and contact legal counsel, family, and employer,

TITLE II. PRELIMINARY PROCEEDINGS

Rule 5. Initial Appearance

(d) Procedure.

(1) Advice. At the defendant's initial appearance, the judge must inform the defendant of the following :

(F) the defendant's right to retain legal counsel and, if the defendant does not have the funds to retain legal counsel, to have the court appoint legal counsel for the defendant at no charge,

TITLE II. PRELIMINARY PROCEEDINGS

Rule 5. Initial Appearance

(d) Procedure.

(2) Consulting with Counsel. The judge must allow the defendant reasonable opportunity to consult with counsel.

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.

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