Hearing of a Witness: No Right to Assistance by a Lawyer

The Criminal Division of the Court of Cassation held that a witness summoned in a preliminary investigation does not have the right to be assisted by a lawyer.

Granting such assistance would infringe on the rights of the person under investigation. Any party to the proceedings with an interest in challenging the witness's hearing may invoke this right.

The situation differs for a victim of an offense, who is entitled to be assisted by a lawyer during their hearing in a preliminary investigation (Article 10-4 of the Code of Criminal Procedure).