'Rights during trial - remain silent' in document 'Croatia Constitution'

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RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

III. PROTECTION OF HUMAN RIGHTS AND FUNDAMENTAL FREEDOMS

2. PERSONAL AND POLITICAL LIBERTIES AND RIGHTS

Article 29

Everyone shall be entitled have his or her rights and obligations, or suspicion or accusation of a criminal offence decided upon fairly before a legally established, independent and impartial court within a reasonable period.

In the case of suspicion or accusation of a criminal offence, the suspected, accused or indicted person shall be entitled:

– to be informed in detail and in a language he/she understands, within the shortest possible term, of the nature and grounds for the charges against him/her and the evidence incriminating him/her,

– to have adequate time and opportunity to prepare his/her defence,

– to defence counsel and unrestricted communication therewith, and to be informed of this right,

– to mount his/her own defence independently or with the assistance of a defence counsel of his/her own choice, and if he/she lacks the resources to engage such counsel, to have free counsel provided under the conditions specified by law,

– to be present at his/her trial insofar as he/she is at the disposal of the court,

– to interrogate or to arrange for interrogation of witnesses for the prosecution and to demand the attendance and questioning of defence witnesses under the same conditions which apply to witnesses for the prosecution,

– to assistance by an interpreter free of charge insofar as he/she does not understand the language used in the court.

An admission of guilt may not be coerced from a suspected, accused or indicted individual.

Evidence obtained illegally may not be admitted in court proceedings.

Criminal proceedings may only be initiated before the court at the request of an authorized prosecutor.

CONSTITUTION OF THE REPUBLIC OF CROATIA

III. PROTECTION OF HUMAN RIGHTS AND FUNDAMENTAL FREEDOMS

2. PERSONAL AND POLITICAL LIBERTIES AND RIGHTS

Article 29

Everyone shall be entitled have his or her rights and obligations, or suspicion or accusation of a criminal offence decided upon fairly before a legally established, independent and impartial court within a reasonable period.

In the case of suspicion or accusation of a criminal offence, the suspected, accused or indicted person shall be entitled:

– to be informed in detail and in a language he/she understands, within the shortest possible term, of the nature and grounds for the charges against him/her and the evidence incriminating him/her,

– to have adequate time and opportunity to prepare his/her defence,

– to defence counsel and unrestricted communication therewith, and to be informed of this right,

– to mount his/her own defence independently or with the assistance of a defence counsel of his/her own choice, and if he/she lacks the resources to engage such counsel, to have free counsel provided under the conditions specified by law,

– to be present at his/her trial insofar as he/she is at the disposal of the court,

– to interrogate or to arrange for interrogation of witnesses for the prosecution and to demand the attendance and questioning of defence witnesses under the same conditions which apply to witnesses for the prosecution,

– to assistance by an interpreter free of charge insofar as he/she does not understand the language used in the court.

An admission of guilt may not be coerced from a suspected, accused or indicted individual. Evidence obtained illegally may not be admitted in court proceedings.

Criminal proceedings may only be initiated before the court at the request of an authorized prosecutor.

RELEVANT ROME STATUTE PROVISIONS

Article 67
Rights of the accused
1. In the determination of any charge, the accused shall be entitled to a public hearing, having regard to the provisions of this Statute, to a fair hearing conducted impartially, and to the following minimum guarantees, in full equality:
(g) Not to be compelled to testify or to confess guilt and to remain silent, without such silence being a consideration in the determination of guilt or innocence