Assessing the means of the accused
|Decision on Legal Aid - 07.02.2003||
KVOČKA et al.
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46. It is inappropriate to describe a person in detention against whom the criminal proceedings have not yet been completed as habitually residing in detention. The clear intention of this provision in Article 8(B) is to permit the Registrar to take into account the means of those with whom an accused habitually resided before entering detention and/or those with whom he would be residing were he not in detention. For this purpose, the Registrar is entitled to take into account the information supplied by the accused in his declaration of means. […]
[The Directive on the Assignment of Defence Counsel was amended since this decision was issued, and the relevant provision was moved from Article 8(B) to Article 10(A).]
|Other instruments Directive on the Assignment of Defence Counsel (ICTY): Article 10(A)|