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