Rights during trial - legal assistance

Moldova, Republic of

Moldova - Constitution 2003 (2016) EN

TITLE II
FUNDAMENTAL RIGHTS, FREEDOMS AND DUTIES

CHAPTER II
FUNDAMENTAL RIGHTS AND FREEDOMS

Article 26. Right to defence

(1) The right to defence shall be guaranteed.

(2) Everyone shall be entitled to respond independently by appropriate legitimate means to an infringement of his/her rights and freedoms.

(3) Throughout the trial the parties shall have the right to be assisted by a lawyer, either chosen or appointed ex officio.

(4) Any interference with the activity of the persons carrying out the defence within legally established limits shall be punishable by law.

Moldova - Criminal Procedure Code 2003 (2016) EN

Article 10. Observance of Human Rights, Freedoms, and Dignity

(4) Any person has the right by any means not forbidden by law to defend his/her rights, freedoms, and human dignity illegally violated or limited during a criminal proceeding.

Article 17. Ensuring the Right to Defense

(0) The criminal investigative body and the court must ensure the right of the suspect/accused/defendant to qualified legal assistance provided by a defense counsel of their choosing or by an attorney providing the legal assistance guaranteed by the state and independent of the investigative body.

(1) While examining the injured party and the witnesses, the criminal investigative body shall not be entitled to prohibit the presence of the attorney invited by the person examined to represent him/her.

Article 17. Ensuring the Right to Defense

(1) In the entire course of a criminal proceeding, the parties (suspect/accused/defendant, injured party, civil party, civilly liable party) have the right to be assisted or, as the case may be, represented by a defense counsel of their choosing or by an attorney providing the legal assistance guaranteed by the state.

Article 64. Rights and Obligation of a Suspect

(1) A suspect shall have the right to defense. The criminal investigative body shall provide the suspect with the possibility to exercise his/her right to defense through all the means and methods allowed by the law.

Article 64. Rights and Obligation of a Suspect

(2) In line with the provisions of this Code, the suspect shall have the right:
11) to take part in procedural actions independently or assisted by a defense counsel or to refuse taking part in such actions;

Article 66. Rights and Obligations of the Accused or the Defendant

(1) The accused or, as the case may be, the defendant shall have the right to defense. The criminal investigative body or, as the case may be, the court shall provide the accused or the defendant with the possibility to exercise his/her right to defense by all means and methods allowed by the law.

Article 66. Rights and Obligations of the Accused or the Defendant

(2) The accused or the defendant, in line with the provisions of this Code, shall have the right:
3) if apprehended, to have legal counseling by the defense counsel prior to his/her first interrogation as an accused;

Article 66. Rights and Obligations of the Accused or the Defendant

(2) The accused or the defendant, in line with the provisions of this Code, shall have the right:
5) as of the moment of being charged, to be assisted by a defense counsel selected by him/her, and if he/she cannot afford a defense counsel, to be assisted free of charge by a court-appointed attorney to provide the legal assistance guaranteed by the state and, if allowed by law, to waive the defense counsel and to defend himself/herself;

Article 66. Rights and Obligations of the Accused or the Defendant

(2) The accused or the defendant, in line with the provisions of this Code, shall have the right:
12) to take part in procedural actions independently or assisted by a defense counsel or to refuse to take part in such actions;

Rome Statute

Article 67 Rights of the accused

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;