CONSTITUTION OF THE REPUBLIC OF MOZAMBIQUE Article 62 Access to Courts 1. The State shall guarantee that citizens have access to the courts and that persons charged with a crime have the right to defence and the right to legal assistance and aid. 2. The accused shall have the right freely to choose a defence counsel to assist in all acts of the proceedings. It shall be ensured that adequate legal assistance and aid is given to accused persons who, for economic reasons, are unable to engage their own attorney. Article 63 Attorneyship and Advocacy 1. The State shall ensure that attorneys at law are given the immunity necessary for the performance of their functions, and shall regulate legal representation in court as a fundamental element of the administration of justice. 2. In the performance of an attorney’s functions, documents, correspondence and other items that have been entrusted to the attorney by his or her client, have been obtained for the defence of the client or pertain to his or her profession, shall be inviolable, within legal limits. 3. Searches, seizures and other similar measures against an attorney’s offices or files may only be executed by order of a court and shall be performed in the presence of the ordering judge, the attorney and one representative of the bar association appointed by the association for this purpose, when the commission of an unlawful act punishable by a term of imprisonment longer than two years is involved and there is evidence to attribute the commission of the act to the attorney. 4. An attorney shall have the right to communicate personally and privately with his or her client, even when such client is imprisoned or detained in a civil or military institution. 5. The law shall regulate all other matters pertaining to attorneyship and advocacy. Article 64 Preventive Imprisonment 1. Preventive imprisonment shall be permitted only in cases provided for by the law, which shall determine the duration of such imprisonment. Translation by MOZLEGAL – Mozambique's Legal Resource Portal www.mozlegal.com [email protected] Tel: +258 1 496900 – Fax: +258 1 496802 Directors: José Caldeira - [email protected] & Adrian Frey - [email protected] MOZLEGAL is a Project of José Caldeira & Associados - Attorneys & Consultants 19