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Chapter Summary

The right of a person to legal assistance and legal aid, if indigent, is safeguarded as the fundamental right of the individual from the moment he/she falls suspect of complicity in the commission of an offence until the conclusion of judicial proceedings that may follow (articles 55 and 67, and rule 121.1). A counsel for the defence shall have an excellent knowledge of and be fluent in at least one of the working languages of the Court. The Code of Professional Conduct establishes a comprehensive disciplinary regime. It defines misconduct that may form the subject-matter of disciplinary proceedings and makes provision for the investigation of complaints of misconduct and their trial by the disciplinary board. Investigation is in the hands of the Commissioner, an office established by the Code. The Office of Public Counsel for the Defence is a separate department of the Registry.

Keywords: defence counsel; legal assistance; professional conduct; public counsel



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