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Procedure<br />

Art.104.<br />

The accused must be provided with counsel in all cases in<br />

which the public prosecutor takes part.<br />

Besides these cases, he may be provided with counsel, even<br />

against his will, when the needs of the defence require the<br />

same, more especially for reasons concerning himself or<br />

because of the special difficulties of the case.<br />

Art. 105.<br />

The accused who has not chosen counsel and who must<br />

nevertheless be aided is provided with counsel assigned by the<br />

court.<br />

Unless he be relieved of his office (Art.109) counsel assigned<br />

by the court shall continue in office up to and including appeals<br />

to the Cantonal courts.<br />

Art. 106.<br />

Counsel assigned by the court shall be appointed by the<br />

President of the court of jurisdiction. The President shall advise<br />

counsel immediately of his appointment; he shall likewise inform<br />

the accused and, during the investigation, the Examining<br />

Magistrate. If the Examining Magistrate is still attending to the<br />

case and he considers it necessary to appoint counsel assigned<br />

by the court, he shall advise the President, who shall decide at<br />

short notice.

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