1The proceeding authority shall provide immediately a lawyer paid by the State to the defendant, who has not appointed or no longer has a retained lawyer, if he:

ais under eighteen years of age;

bis deaf and mute;

chas limited capabilities which hinder his ability to defend himself;

çis charged with a criminal offence, punishable by not less than 15 years’ imprisonment, in the maximum term;

dis charged with a criminal offence pursuant to letters “a” and “b”, of article 75/a, of this Code;

dh has been declared escaped or in absentia upon a court decision;

ethe arrested or the detained person is questioned;

ëin the cases provided for by paragraph 5 of article 205, or paragraph 1, of article 296 of this Code;

fin every other case provided for by law.

2If reasons for mandatory defense, exist, pursuant to this article, the proceeding authority shall assign immediately a lawyer to the defendant. The lawyer shall assist the defendant during all phases of the proceedings, as long as the conditions provided in paragraph 1 of this Article exist.

3The appointed lawyer, pursuant to this article, is chosen by the proceeding authority out of the list made available by the Bar Association.

4If the court, the prosecutor and the judicial police must carry out an action requiring the presence of a lawyer and the defendant does not have one, they shall inform the appointed lawyer on such action.

5If the presence of the lawyer is required and the retained or appointed lawyer has not been provided, has not shown up or has withdrawn from the defence, the court or prosecutor shall apply paragraph 4 of article 350 of this Code. If his absence is justified, the court or the prosecutor may appoint another lawyer in substitution, who shall exercise the rights and takes over the duties of the lawyer.

6The assigned lawyer shall cease his functions if a retained lawyer is appointed.

7When the defence cannot be secured pursuant to this provision and paragraph 3 of article 49, it is guaranteed by the institutions providing free legal aid, pursuant to the legislation in force.