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The relevant provisions of implementing legislation: [1] [2] [3] [4] [5] [6] [7] [8] [9] [10] [11] [12] [13] [14] [15] [16] [17] [18] [19] [20] [21] [22] [23] [24] [25] [26] [27] [28] [29]
The Relevant Provisions of the Rome Statute

RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

Part I
GENERAL PROVISIONS

Chapter I
BASIC RULES

The presumption of innocence
Article 3
(1) Each person shall be considered innocent until proven guilty by the final decision of the competent court.
(2) Government authorities, the media, citizens' associations, public figures and other persons are under obligation to adhere to the rules defined in paragraph 1 of the present Article, as well as to sustain from violating other rules of the

proceeding, rights of the defendant and injured party, judicial independence and impartiality with their public statements on the ongoing criminal proceeding.
(3) The Investigative Judge during preliminary investigation, i.e. the President of the Court upon completion of the investigation or after submitting the direct indictment, shall ex officio or upon the proposal of the parties, defense counsel, injured party, i.e. his proxy, issue a public warning to anyone breaching obligations set forth in paragraph 2 of the present Article, to be published in the media on the expense of the person in question.
(4) If obligation set forth in paragraph 2 of the present Article is breached in a specifically serious manner, and especially if circumstances obviously imply that it has been done in order to exert influence on the court and other competent bodies, or with the aim of causing serious consequences concerning the defendant or the injured party, or other participants of the criminal proceeding, the public warning to that person may be coupled with a fine up to 150,000 CSD, and for legal entities up to 1,500,000 CSD.
(5) If the individual despite the measures from paragraph 3, i.e. paragraph 4 of the present Article breaches the obligation set forth in paragraph 2 of the present Article, the individual shall be fined up to 300,000 CSD, and the legal entity up to 3,000,000 CSD if, after the public warning, it violates obligations set forth in paragraph 2 of the present Article. For every subsequent violation of obligation set forth in paragraph 2 of the present Article, the individual may be fined with up to 450,000 CSD, and the legal entity up to 4,500,000 CSD, and any new explanation of the ruling on sentencing may be published in the media on the expense of the sanctioned party.
(6) An appeal may be taken from a ruling on sanctions from paragraphs 4 and 5 of the present Article, if the ruling was rendered by the Investigative Judge the appeal shall be decided upon by the President of the Court, while the appeals against a rulings rendered by the President of the Court shall be decided upon by the chamber set forth in Article 24 paragraph 6 of the present Code.
“In doubt for the benefit of the defendant” Rule
Article 4
If upon gathering of all available evidence and its presentation in the criminal proceeding, only suspicion remains concerning the existence of a relevant elements of a criminal offense or concerning facts upon which the application of a certain provision of Criminal Code or the present Code depends upon, the court, i.e., another competent body shall always render a judgment more favorable for the defendant.

Defendant's right to a defense
Article 5
(1) The defendant shall be warned before the first interrogation that everything that he says can be used against him as evidence.
(2) The defendant has to be informed of the criminal offense he is charged with, as well as of the evidence on which the charges are based as soon as during the first interrogation.
(3) The defendant may not be forced to testify against himself or to admit his guilt.
(4) The defendant has to have the opportunity to give a statement concerning all facts and evidence held against him, as well as to present all facts and evidence in his favor.
(5) The defendant has to be provided with sufficient time and opportunity to prepare his defense.
(6) The defendant has the right to defend himself or with the professional assistance of a counsel, chosen by himself from the line of counsels and who may be present during the interrogation of the defendant.
(7) Prior to the first interrogation, the defendant will be advised of his right to obtain a defense counsel, of his right to have the defense counsel present at his interrogation.
(8) The defendant has the right for the court to appoint him the defense counsel in situations stipulated by the present Code.
(9) The suspect has the right to a defense counsel in accordance with the present Code.
Ne bis in idem after the final decision of the court
Article 6
(1) No person shall be prosecuted and sanctioned for a criminal offence for which he has already been acquitted or convicted by a final judgment or for which criminal proceedings has been discontinued by a final decision or the charges has been denied by a final decision.
(2) In the criminal proceedings instituted upon the extraordinary judicial remedy a final court judgment cannot be revised to the prejudice of the defendant.
The rights of a person deprived of liberty
Article 7
(1) A person deprived of liberty by the competent government authority has to be immediately informed, in his native language or a language he understands, about the reasons for deprivation of liberty, as well as concerning everything that is held against him, as well as of the following rights:
1) that he is not obliged to make any statements and that any statement he makes may be used as evidence against him;
2) to retain a defense counsel of his choice;
3) to communicate with the defense counsel without impediment;
4) to have the defense counsel present at his interrogation;
5) to request that any information concerning the time, place and any change of place of detention be immediately communicated to persons selected by him, as well as to the diplomatic or consular representative of the state he is citizen of, i.e. representative of the relevant international organization if the person in question is a refugee or without citizenship;
6) if the person is a foreign citizen or without citizenship, to communicate without impediment with the diplomatic or consular representative or representative of the relevant international organization as defined in item 5 of this paragraph;
7) if the person is not familiar with the official language, he may submit briefs to the court in his own language;
8) to request to be examined at any time, at his expense, and without any delay by a physician of his choice, or if unavailable, a physician to be selected by the detention authority;
9) to instigate before a court a proceeding in order to examine the legality of the deprivation of liberty;
10) to request compensation for unfounded deprivation of liberty.
(2) Any person deprived of liberty without a court decision has to be immediately brought before the Investigative Judge having jurisdiction, except in cases envisaged by Article 264 paragraph 1 of the present Code.

(3) Any person deprived of liberty has the right to instigate a proceeding within which the Investigative Judge having jurisdiction shall urgently examine the legality of the deprivation of liberty and shall order release if the deprivation of liberty was illegal.
The official language in criminal proceeding and the right to use own language
Article 8
(1) The official language in the criminal proceeding is the Serbian language with both ekavian and jekavian dialect and Cyrillic script and the Latin script in accordance with the Constitution and the law.
(2) In the courts having jurisdiction over territory where members of national minorities are living, languages and scripts of national minorities are also in official usage in criminal proceedings and shall be used in accordance with law.
(3) The correspondence and legal assistance between courts shall be carried out in a language which is in official use in the respective courts.
(4) The parties, witnesses and other persons participating in the proceedings shall have the right to use their own language in the proceedings.
(5) Accusatory pleadings, appeals and other written documents shall be submitted to the court in the language that is officially used in court.
(6) The court shall send summons, decisions and other briefs in the Serbian language, i.e. in the language of the national minority which is in compliance with the law on use of official language in court, and if the person who these documents are sent to does not speak the Serbian language, the summons, orders and other briefs shall be sent to that person translated into the language that the person understands, reads and speaks.
(7) If the proceeding is not conducted in the language of a person referred to in paragraph 4 of the present Article, interpretation shall be provided for anything that the person may state, or anyone else might state, as well as the translation of personal documents and other written evidence. The interpretation/translation shall be entrusted to a Court Interpreter.
(8) The person referred to in paragraph 4 of the present Article shall be advised of his rights regarding translation/interpretation, and the person may waive that right if he speaks and understands the official language of the proceedings. The records shall note that the advice has been given, as well as the statement of the participant.
The prohibition of violence and extorted statements in the criminal proceeding

Article 9
It shall be forbidden and punishable to employ any kind of violence on a person who is deprived of liberty or whose liberty is restricted, as well as violence against defendant or any other person participating in the criminal proceedings, i.e. to extort a confession or any other statement from the defendant or any other person participating in the proceedings.
The rights of persons unjustifiably convicted or unreasonably deprived of
liberty
Article 10
(1) A person who was unjustifiably convicted for a criminal offence or whose deprivation of liberty was unfounded shall be entitled to rehabilitation, compensation from the state, and other rights established by law.
(2) All government authorities have the obligation to urgently react regarding the implementation of rights as defined in paragraph 1 of the present Article.

Part I
GENERAL PROVISIONS

Chapter I
BASIC RULES

Trial within a reasonable period of time
Article 12
(1) The defendant has the right to be brought before the court within the shortest period of time and to be tried without any unjustified delay.
(2) The court is obliged to conduct the proceeding without delays, as well as to prevent any abuse of rights of the participants in the proceedings.

(3) The detention period and other restrictions of personal freedom, i.e. freedom of movement determined by the present Code (Article 168) must be brought down to the shortest necessary period of time.

Part I
GENERAL PROVISIONS

Chapter VII
EVIDENTIARY ACTIONS

3. Examination of the defendant
Basic rules for the examination of the defendant
Article 95
(1) At the first examination of a defendant, he shall be asked for his first name and surname; personal identification number; nickname, if any; the first names and surnames of his parents, maiden name of his mother or family name of a parent that was changed after marriage; place of his birth; address; day, month and year of birth; citizenship; occupation; employment status and employer’s name; financial standing; family situation; if he is literate; his educational background; if he has served the army and if so where and when, if he has the rank of a reserve non¬commissioned officer, officer or military official; if he is listed in the military records and if so at which authority in charge of defense; if he has been decorated; if he has ever been convicted and if so when and for which criminal offense; if he has ever been sentenced and if he has served the sentence and when; if a criminal proceeding is underway against him for another criminal offense; and if he is a minor, who his legal representative is.
(2) The defendant shall be instructed that he shall be bound to appear upon a summons and immediately notify the court of any changes of his address or of intention to change his place of residence, and shall be warned of the consequences if he does not act accordingly. Thereafter, the defendant shall be informed of his rights referred to in Article 5 paragraphs 1, 6 and 7 of the present Code as well as of:
1) why he is being charged and which criminal offense he is being charged with;
2) facts which serve as the basis for reasonable suspicion that he has committed the criminal offense;

3) that he is under no obligation to present his defense or answer any of the questions;
4) that if he decides to present his defense he is under no obligation to incriminate his close relatives, spouse or person living with him in a lasting common-law marriage.
(3) Upon having received the instruction in accordance with paragraph 2 of the present Article, the defendant shall be called on to present his defense if he wishes to.
(4) At his request, the defendant shall be allowed to read the criminal charges, i.e. notification on criminal offense immediately before the first hearing, but after reading it, and before the hearing, the defendant may not consult his defense counsel until the examination has been completed.
(5) The defendant shall be examined verbally, and during the hearing he shall have the right to use his notes.
(6) During the hearing, the defendant should have the opportunity to speak about all incriminating circumstances and state all facts in favor of his defense and his position in criminal proceedings without any interruptions.
(7) Once he has completed his statement, the defendant shall be asked questions if it is necessary to fill the gaps or remove contradictions and ambiguities in his story.
(8) The defendant shall be examined decently and with full respect for his dignity.
(9) Force, threat, deceit, promises, coercion, wearing-out tactics or similar means (Article 143, paragraph 5) must not be used to obtain a statement or confession or a particular action by the defendant that may be used as evidence against him or to achieve any other goal.
(10) The defendant may be heard in the absence of a defense counsel if he has expressly waived this right and defense is not mandatory, if the defense counsel is not present although he has been notified about the examination (Article 278, paragraph 8) and there is no possibility for the defendant to take another defense counsel, or if the defendant has not secured a defense counsel for the first hearing
within 24 hours from the time he has received the instruction on this right (Article 5, paragraphs 6 and 7), except in the case of mandatory defense.
(11) If any actions have been taken in violation of the provisions of paragraphs 9 and 10 of the present Article, or if the defendant has not been instructed about his rights referred to in paragraph 2 of the present Article, or if the defendant’s statements pursuant to paragraph 10 of the present Article regarding the presence of a defense counsel have not been entered into the record, a judicial decision may not be based on the defendant’s statement.
Questioning of the defendant, prohibition to assume admission, and change of the
defendant’s statement
Article 96
(1) Questions shall be put to the defendant in a clear, comprehensible and precise manner so that he can perfectly understand them. The hearing must not be based on the assumption that the defendant has admitted to something that he has not, nor must leading questions be asked.
(2) If subsequent statements made by the defendant differ from the previous ones, and particularly if the defendant revokes his admission, the authority in charge of his hearing shall invite the defendant to present his reasons for giving different statements, i.e. revoking his admission.
Confrontation of the defendant with other persons
Article 97
(1) The defendant may be confronted with a witness or another defendant if the important facts in their statements differ and if the authority in charge of the proceedings believes that this difference may be clarified through confrontation.
(2) The confronted persons shall be placed facing one another and shall be requested to repeat to one another, while maintaining eye contact, their statements regarding each disputable fact and to argue the truthfulness of their respective statements. The authority supervising the confrontation may question the
confronted persons. The course of the confrontation, the conduct and statements of the confronted persons shall be entered in the record and, if the authority in charge of the proceedings finds it opportune, an audio and video recording may be made. The recording of the confrontation shall be attached to the record as its integral part and may be used as evidence.
Identification of objects by the defendant
Article 98
(1) The objects that are in connection with the criminal offense or those that serve as evidence, i.e. those for which it needs to be established whether the defendant recognizes them, shall be presented to the defendant for identification after he has previously described them. If such objects cannot be brought to the defendant, he may be taken to the place where they are located so that they can be shown to him.
(2) Record shall be made on the course of the identification and statements of the defendant and, when the authority in charge of the proceedings finds it opportune, an audio and video recording of the process of identification and statement by the defendant may be taken. If identification is carried out at the location where the objects are, an audio and video recording shall be made as a rule. The recording of the identification shall be attached to the record as its integral part and may be used as evidence.
Recording of the defendant’s statement
Article 99
(1) The defendant’s statement shall be entered into the record as a first-person narrative, while the questions and answers shall be entered into the record only when they refer to a criminal matter.
(2) The defendant may be permitted to dictate his own statement into the record.
(3) As a rule, the defendant’s statement shall be recorded with the audio or audio and video recording equipment, unless when this is impossible for important reasons. The recording of the defendant’s statement constitutes an integral part of the record on the hearing of the defendant and may be used as evidence.
The defendant’s confession
Article 100
When a defendant confesses that he has committed a criminal offense, the authority in charge of the proceedings shall have the obligation to continue gathering evidence on the criminal offense only if the confession has obviously been false, incomplete, contradictory or ambiguous or if the confession is not supported by other evidence, i.e. if there is suspicion that the confession has been made in order to conceal other perpetrators or other criminal offenses.
Examination of a defendant with a disability and examination of a defendant
through an interpreter
Article 101
(1) The defendant shall be examined through an interpreter in the cases envisaged in the present Code.
(2) If the defendant is deaf, questions shall be posed in writing, and if he is mute, he shall be asked to answer in writing. If the examination cannot be carried out in this way, a person with whom the defendant is able to communicate shall be summoned to act as an interpreter.
(3) If the interpreter has not previously taken an oath, he shall swear that he shall faithfully communicate the questions put to the defendant as well as statements made by the defendant. If the interpreter refuses to take the oath, his statement to that effect shall be entered into the record and the authority in charge of the proceedings shall summon another interpreter.
(4) The provisions of the present Code on expert witnesses shall be applied to interpreters as appropriate.

Part One
GENERAL PART

Chapter I
BASIC PROVISIONS

Presumption of Innocence

Article 3

Everyone is considered innocent until proven guilty by a final decision of the court.

Public and other authorities and organisations, the information media, associations and public figures are required to adhere to the rules referred to in paragraph 1 of this Article, as well as to abstain from violating the rights of the defendant with their public statements on the defendant, the criminal offence and the proceedings.

Part One
GENERAL PART

Chapter I
BASIC PROVISIONS

Advice of Rights

Article 8

The authority conducting proceedings is required to advise the defendant or other participant in the proceedings, in accordance with the provisions of this Code, about the rights to which they are entitled.

Where a defendant or other participant in the proceedings might omit to perform an action or fail to exercise a right due to ignorance, the authority conducting proceedings is required to caution him about the consequences of the omission.

Part One
GENERAL PART

Chapter I
BASIC PROVISIONS

Prohibition of Torture, Inhumane Treatment and Coercion

Article 9

Any use of torture, inhumane and degrading treatment, force, threats, coercion, deception, medical procedures and other means affecting the free will or extorting a confession or other statement or action by a defendant or other participant in proceedings is prohibited and punishable.

Part One
GENERAL PART

Chapter I
BASIC PROVISIONS

The Language and Script Used in Proceedings

Article 11

The Serbian language and the Cyrillic script are in official use in proceedings, and other languages and scripts are in official use in accordance with the Constitution and the law.

Proceedings are conducted in the language and script in official use in the authority conducting proceedings, in accordance with the law.

Parties, witnesses and other persons participating in proceedings are entitled to use their own languages and scripts during proceedings, and, where proceedings are not being conducted in their language and unless, after being advised on their right to translation, they declare that they know the language in which the proceedings are being conducted and that they waive their right to translation, the interpretation of what they or others are saying, as well as translation of instruments and other written evidence, are secured and paid from budget funds.

Translation and interpretation is entrusted to a translator.

Part One
GENERAL PART

Chapter I
BASIC PROVISIONS

The Defendant’s Presence in Court

Article 13

A defendant accessible to the court may be tried only in his presence, except where in absentia trials are exceptionally allowed under this Code.

A criminal sanction may not be pronounced to a defendant who is accessible to the court if that defendant has not been allowed to be heard and to defend himself.

Part One
GENERAL PART

Chapter I
BASIC PROVISIONS

Trial within a Reasonable Time

Article 14

Courts are required to conduct criminal proceedings without delays and to prevent all abuses of law aimed at delaying proceedings.

Criminal proceedings against a defendant who is in detention are urgent.

Part One
GENERAL PART

Chapter I
BASIC PROVISIONS

Evidentiary Actions
Article 15

Evidence is collected and examined in accordance with this Code.

The burden of proof is on the prosecutor.

The court examines evidence upon motions by the parties.

The court may order a party to propose additional evidence, or, exceptionally, order such evidence to be examined, if it finds that the evidence that has been examined is contradictory or unclear, and finds such action necessary in order to comprehensively examine the subject of the evidentiary action.

Part One
GENERAL PART

Chapter I
BASIC PROVISIONS

Duty to Assist a Participant in Proceedings

Article 19

All public authorities are required to render necessary assistance to the public prosecutor, courts or other authorities conducting proceedings, as well as to the defendant and his defence attorney at their request with the aim of collecting evidence.

Part One
GENERAL PART

Chapter VI
THE DEFENDANT AND DEFENCE COUNSEL

1 The Defendant

The Defendant’s Rights
Article 68

The defendant is entitled :

1) to be informed in the shortest possible time, and always before the first interrogation, in detail and in a language he understands, about the charges against him, the nature and grounds of the accusation, as well as that everything he says may be used as evidence in proceedings ;

2) not to say anything, to refrain from answering a certain question, to present his defence freely, to admit or not to admit his culpability ;

3) to defend himself on his own or with the professional assistance of a defence counsel, in accordance with the provisions of this Code ;

4) to have a defence counsel attend his interrogation ;

5) to be taken before a court in the shortest possible time and to be tried in an impartial and fair manner and in a reasonable time ;

6) to read immediately before his first interrogation the criminal complaint, the crime scene report, and the findings and opinions of a expert witnesses ;

7) to be given sufficient time and opportunity to prepare his defence ;

8) to examine documents contained in the case file and objects serving as evidence ;

9) to collect evidence for his own defence ;

10) to state his position in relation to all the facts and evidence against him and to present facts and evidence in his favour, to question witnesses for the prosecution and to demand that witnesses for the defence be questioned in his presence, under the same conditions as the witnesses for the prosecution ;

11) to make use of legal instruments and legal remedies ;

12) to perform other actions where provided for by this Code.

The authority conducting the proceedings is required to advise the defendant before his first interrogation of the rights referred to in paragraph 1, items s 2) to 4) and item 6) of this Article.

Part One
GENERAL PART

Chapter VI
THE DEFENDANT AND DEFENCE COUNSEL

1 The Defendant

Rights of Persons Arrested
Article 69

Besides the rights referred to in Article 68 paragraph 1, items 2) to 4) and item 6), and paragraph 2 of this Code, a person arrested is entitled to :

1) be informed immediately in a language he understands of the reason for his arrest ;
2) have before his first interrogation a confidential conversation with his defence counsel, which can be supervised only visually, but not by way of listening ;
3) demand that a family member or other person close to him be notified without delay about his arrest, as well as a diplomatic and consular representative of the state of which he is a national, or a representative of an authorised organisation of international public law, in case of a refugee or a stateless person ;
4) demand that he be examined without delay by a physician of his own choosing, and if that physician is not accessible, by a physician designated by the public prosecutor or the court.

A person arrested without a court decision, or a person who has been arrested on the basis of a court decision but not interrogated, must without delay, and within 48 hours at most, be handed over to the competent judge for the preliminary proceedings, or, if this is not done, must be released from custody.

Part One
GENERAL PART

Chapter VI
THE DEFENDANT AND DEFENCE COUNSEL

2. Defence Counsel

Rights of the Defence Counsel
Article 71

The defence counsel is entitled to :

1) conduct a confidential conversation with the arrested person before his first interrogation (Article 69 paragraph 1 item 2)) ;

Part One
GENERAL PART

Chapter VI
THE DEFENDANT AND DEFENCE COUNSEL

2. Defence Counsel

Rights of the Defence Counsel
Article 71

The defence counsel is entitled to :

4) have confidential conversations with the defendant who is in custody (Article 69 paragraph 1 item 2)) and to engage in unimpeded correspondence, unless otherwise provided by this Code ;

Part One
GENERAL PART

Chapter VI
THE DEFENDANT AND DEFENCE COUNSEL

2. Defence Counsel

Defence Counsel of Choice
Article 75

One or several defence counsel may be chosen and authorised with a power of attorney by the defendant, his legal representative, spouse, lineal relative by blood, adopter, adoptee, sibling, foster-parent or person with whom the defendant lives in a common law marriage or other permanent personal association, except where the defendant is expressly opposed to this.

A defendant may grant a defence counsel an oral power of attorney by a declaration given on the record with the authority conducting proceedings.

Part One
GENERAL PART

Chapter VI
THE DEFENDANT AND DEFENCE COUNSEL

2. Defence Counsel

Defence of Indigent Persons
Article 77

A defence counsel shall be appointed for a defendant who because of his financial status cannot afford to pay the fees and costs of the defence counsel at the defendant’s request although the reasons for mandatory defence do not exist if the criminal proceedings are being conducted in connection with a criminal offence punishable by a term of imprisonment of over three years, or where reasons of fairness so demand. In this case, the costs of defence shall be borne by the budget of the court.

The judge for preliminary proceedings, president of a trial panel or individual judge decides on the request referred to in paragraph 1 of this Article, and the defence counsel is appointed by a ruling issued by the president of the court before which the proceedings are being conducted, according to the order on the roster of attorneys provided by the competent bar association.

The appointed defence counsel referred to in paragraph 1 of this Article has the standing of a court appointed defence counsel.

Part One
GENERAL PART

Chapter VII
EVIDENCE

2. Evidentiary Actions

a) Interrogation of the Defendant

Preconditions for the Interrogation of the Defendant
Article 85

The defendant will then be invited to state expressly whether he will retain a defence counsel of his own choosing, and cautioned that if he does not choose a defence counsel in the case of mandatory defence a court appointed defence counsel will be appointed, in accordance with the provisions of this Code.

The defendant may be interrogated without a defence counsel being present if the defendant has expressly waived that right, if a duly summoned defence counsel is not present although he has been informed about the interrogation (Article 300 paragraph 1.) and there exists no possibility for the defendant to hire another defence counsel, or if the defendant has failed to secure the presence of a defence counsel even after the expiry of a period of 24 hours after first being advised about that right (Article 68 paragraph 1 item 4)), except in the case of mandatory defence.

If the defendant has not been duly advised or enabled to use the rights referred to in paragraph 2 of this Article, or the statement of the defendant referred to in paragraph 3 of this Article about the presence of a defence counsel has not been entered into record, or where it was acted contrary to paragraph 4 of this Article, or where a statement of the defendant has been obtained contrary to Article 9 of this Code, the court’s decision may not be based on the defendant’s statement.

Part One
GENERAL PART

Chapter VII
EVIDENCE

2. Evidentiary Actions

a) Interrogation of the Defendant

Rules of Interrogating Defendants
Article 86

A defendant is interrogated orally, with decency and full respect for his personality. A defendant is entitled to use his notes during interrogation.

During the interrogation it will be made possible to the defendant to state, without being interrupted, his position in relation to all circumstances against him and facts which support his defence.

Part One
GENERAL PART

Chapter VII
EVIDENCE

2. Evidentiary Actions

a) Interrogation of the Defendant

Interrogation through an Interpreter or Translator
Article 87

If a defendant is deaf, he will be questioned in writing, if the defendant is mute, he will be invited to reply in writing and if he is blind, the contents of written evidence will be presented to him orally. If the interrogation cannot be conducted in this manner, a person capable of communicating with the defendant will be invited to serve as an interpreter.

If the defendant does not understand the language of the proceedings, he will be asked questions through a translator.

If the interpreter or translator was has not been sworn in previously, he will swear that he will faithfully communicate the questions asked of the defendant and the statements he makes.
The provisions of this Code relating to expert witnesses apply accordingly to interpreters and translators.

Part One
GENERAL PART

Chapter VIII
MEASURES TO SECURE THE PRESENCE OF THE DEFENDANT AND FOR UNOBSTRUCTED CONDUCT OF CRIMINAL PROCEEDINGS

2. Specific Measures

e) Detention

b. Treatment of Detainees

Basic Rules
Article 217

During detention the personality and dignity of a detainee may not be insulted .

Only those restrictions necessary for preventing escape, incitement of other persons to destroy, conceal, alter or falsify evidence or traces of a criminal offence may be applied against a detainee, as well as direct or indirect contacts of the detainee aimed at influencing witnesses, accomplices or concealers.

Persons of different sex will not be detained in the same room. As a rule, persons suspected of participating in the commission of the same criminal offence, or persons serving a custodial criminal sanction and persons in detention will not be accommodated in the same room. If possible, persons for whom there is grounded suspicion of being repeat offenders will not be accommodated in the same room as other persons deprived of liberty against whom they could exert harmful influence.

Part Two
COURSE OF THE PROCEEDINGS

Chapter XV
PRE-INVESTIGATION PROCEEDINGS

2. Authority of the Authorities Conducting Pre-investigation Proceedings

Questioning the Arrested Person
Article 293

The public prosecutor is required to advise an arrested person brought before him about the rights referred to in Article 69 paragraph 1 of this Code and to make it possible for him to use a telephone or other electronic message communicator, in his presence, to notify a defence counsel directly or through members of the family or a third person whose identity must be revealed to the public prosecutor, and if necessary also to assist him to find a defence counsel.

If the arrested person does not secure the presence of a defence counsel within 24 hours of the time when it was made possible to him within the meaning of paragraph 1 of this Article, or declares that he does not wish to obtain a defence counsel, the public prosecutor is required to question him without delay.

If in the case of mandatory defence (Article 74) the arrested person does not obtain a defence counsel within 24 hours of the time he was advised of this right or declares that he will not obtain a defence counsel, an ex officio defence counsel will be appointed for him.

Immediately after the questioning, the public prosecutor will decide whether to release the arrested person or request that the judge for the preliminary proceedings order detention.

Acting on a request of the arrested person or his defence counsel, a member of the family of the arrested person or the person with whom the arrested person is living in a common law marriage or other permanent personal association, or ex officio, the public prosecutor may order the arrested person to be examined by a physician.

The public prosecutor will attach to the files the decision determining the physician who will conduct the examination and a transcript of the questioning of the physician.

Part Two
COURSE OF THE PROCEEDINGS

Chapter XVI
INVESTIGATION

1. Basic Provisions

Gathering of Evidence and other Materials by the Defence
Article 301

The suspect and his defence counsel may collect on their own evidence and materials for the benefit of the defence.

For the purpose of enforcing the right referred to in paragraph 1 of this Article, the suspect and his defence counsel are entitled :

1) to talk to a person who can provide them data that can be useful for the defence and to obtain from that person written statements and information, with his consent ;
2) to enter private premises or areas which are not open to the public, a dwelling or premises linked with a dwelling, with the consent of their holder ;
3) to take over from a legal or natural person objects and instruments and obtain information possessed by that person, with their consent, as well as with an obligation to issue that person a certificate with a list of the objects and instruments taken.

The authorisation referred to paragraph 2 item 1) of this Article does not relate to the injured party and persons already questioned by the police or public prosecutor.

The written statement and opinion referred to in paragraph 2 item 1) of this Article may be used by the defendant and his counsel during the questioning of a witness or a test of the authenticity of his statement, or for issuing a decision to question a certain person as a witness by the public prosecutor or the court.

Part Two
COURSE OF THE PROCEEDINGS

Chapter XVI
INVESTIGATION

1. Basic Provisions

Undertaking Evidentiary Actions for the Benefit of the Defence
Article 302

If the suspect and his defence counsel believe that a certain evidentiary action needs to be taken, they will propose to the public prosecutor that it be undertaken.

If the public prosecutor rejects the proposal for conducting certain evidentiary action or does not decide on the proposal within eight days of the date of its submission, the suspect and his defence counsel may submit the proposal to the judge for the preliminary proceedings, who issues a decision thereon within eight days.

If the judge for the preliminary proceedings grants the proposal of the suspect and his defence counsel, he will order the public prosecutor to undertake the evidentiary action and will determine a deadline for its conduct.

Part Two
COURSE OF THE PROCEEDINGS

Chapter XVIII
TRIAL AND JUDGMENT

1. Trial

b) Holding the Trial

b. Conducting the Trial

Removal of the Defendant from the Courtroom
Article 371

If the measures referred to in Article 370 paragraph 1 of this Code are unsuccessful, the panel may order the defendant removed from the courtroom for the duration of a certain evidentiary action, and if after returning to the courtroom the defendant continues to disturb the order, the panel may remove him until the conclusion of the evidentiary proceedings and order, if there exists such a possibility, that the defendant follow the course of the proceedings from a separate room by means of an audio and video link.

Before the conclusion of the evidentiary proceedings the president of the panel will, if the technical link for monitoring the course of the proceedings referred to in paragraph 1 of this Article did not exist, inform the defendant about the course of the evidentiary proceedings for the period during which he was removed from the courtroom, inform him about the testimony given by co-defendants previously questioned, or make it possible for him to read the transcripts of that testimony, if the defendant so requests, and ask him to state his position on the charges, unless he had already done so.

If the defendant in the case referred to in paragraph 2 of this Article continues to disturb the order, the panel may remove him from the courtroom again without a right to attend the trial until its conclusion, in which case the president of the panel or a judge member of the panel will inform the defendant about the judgment in the presence of the record-keeper.

In case a defendant who has no defence counsel is removed from the courtroom in accordance with paragraphs 1 and 3 of this Article, the president of the court will assign a court appointed defence counsel for him (Article 74 item 6) and Article 76).

Part Two
COURSE OF THE PROCEEDINGS

Chapter XVIII
TRIAL AND JUDGMENT

1. Trial

b) Holding the Trial

v. Preconditions for Holding a Trial

In Absentia Trial
Article 381

A defendant may be tried in absentia only if there exist particularly justified reasons to try him although he is absent, provided he is at large or not accessible to the public authorities.

A ruling on an in absentia trial is issued by the panel on a motion of the prosecutor.

An appeal does not stay the execution of the ruling referred to in paragraph 2 of this Article.

Part Two
COURSE OF THE PROCEEDINGS

Chapter XVIII
TRIAL AND JUDGMENT

1. Trial

b) Holding the Trial

v. Preconditions for Holding a Trial

Holding the Trial without the Presence of the Defendant or Defence Counsel
Article 383

When under the provisions of this Code the necessary conditions exist for deferring the trial due to the absence of a defendant or defence counsel (Article 380 paragraph 1 and Article 382 paragraph 2), the panel may decide that the trial be held if according to the evidence contained in the files a ruling dismissing the charges (Article 416 paragraph 1) or a judgment rejecting the charges (Article 422) would obviously have to be issued.

If the defendant caused his own inability to participate in the trial, the panel may, after examining an expert witness, issue a ruling deciding that the trial be held, but not concluded, in the absence of the defendant. In the case of the holding of the trial without the presence of the defendant, the president of the court will appoint a court appointed defence counsel for him (Article 74 item 5) and Article 76).

An appeal does not stay execution of the ruling referred to in paragraph 2 of this Article.

As soon as the reasons for the absence of the defendant cease to exist, the trial will resume in the presence of the defendant, after the president of the panel has informed him about the preceding course and contents of the trial.

Part Two
COURSE OF THE PROCEEDINGS

Chapter XVIII
TRIAL AND JUDGMENT

1. Trial

b) Holding the Trial

g. Course of the Trial

Prior Verification and Advice on Rights
Article 389

When the president of the panel determines that all the persons summoned have come to the trial, or when the panel decides to hold the trial in the absence of one of the persons summoned, or decides to rule on those questions subsequently, the president of the panel will :

3) advise the defendant of his rights and duties (Articles 68 and 70), and especially of the right to present facts and propose evidence in his defence, pose questions to a co-defendant, witness, expert witness and professional consultant, make objections and provide explanations in connection with the evidence examined, and ask him if he has understood the advice.

RELEVANT ROME STATUTE PROVISIONS

Article 55
Rights of persons during an investigation
1. In respect of an investigation under this Statute, a person:
(a) Shall not be compelled to incriminate himself or herself or to confess guilt;
(b) Shall not be subjected to any form of coercion, duress or threat, to torture or to any other form of cruel, inhuman or degrading treatment or punishment;
(c) Shall, if questioned in a language other than a language the person fully understands and speaks, have, free of any cost, the assistance of a competent interpreter and such translations as are necessary to meet the requirements of fairness; and
(d) Shall not be subjected to arbitrary arrest or detention, and shall not be deprived of his or her liberty except on such grounds and in accordance with such procedures as are established in this Statute.
2. Where there are grounds to believe that a person has committed a crime within the jurisdiction of the Court and that person is about to be questioned either by the Prosecutor, or by national authorities pursuant to a request made under Part 9, that person shall also have the following rights of which he or she shall be informed prior to being questioned:
(a) To be informed, prior to being questioned, that there are grounds to believe that he or she has committed a crime within the jurisdiction of the Court;
(b) To remain silent, without such silence being a consideration in the determination of guilt or innocence;
(c) To have legal assistance of the person's choosing, or, if the person does not have legal assistance, to have legal assistance assigned to him or her, in any case where the interests of justice so require, and without payment by the person in any such case if the person does not have sufficient means to pay for it; and
(d) To be questioned in the presence of counsel unless the person has voluntarily waived his or her right to counsel.

Article 63
Trial in the presence of the accused
1. The accused shall be present during the trial.
2. If the accused, being present before the Court, continues to disrupt the trial, the Trial Chamber may remove the accused and shall make provision for him or her to observe the trial and instruct counsel from outside the courtroom, through the use of communications technology, if required. Such measures shall be taken only in exceptional circumstances after other reasonable alternatives have proved inadequate, and only for such duration as is strictly required.

Article 66
Presumption of innocence
1. Everyone shall be presumed innocent until proved guilty before the Court in accordance with the applicable law.
2. The onus is on the Prosecutor to prove the guilt of the accused.
3. In order to convict the accused, the Court must be convinced of the guilt of the accused beyond reasonable doubt.

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:
(a) To be informed promptly and in detail of the nature, cause and content of the charge, in a language which the accused fully understands and speaks;
(b) To have adequate time and facilities for the preparation of the defence and to communicate freely with counsel of the accused's choosing in confidence;
(c) To be tried without undue delay;
(d) Subject to article 63, paragraph 2, to be present at the trial, to conduct the defence in person or through legal assistance of the accused's choosing, to be informed, if the accused does not have legal assistance, of this right and to have legal assistance assigned by the Court in any case where the interests of justice so require, and without payment if the accused lacks sufficient means to pay for it;
(e) To examine, or have examined, the witnesses against him or her and to obtain the attendance and examination of witnesses on his or her behalf under the same conditions as witnesses against him or her. The accused shall also be entitled to raise defences and to present other evidence admissible under this Statute;
(f) To have, free of any cost, the assistance of a competent interpreter and such translations as are necessary to meet the requirements of fairness, if any of the proceedings of or documents presented to the Court are not in a language which the accused fully understands and speaks;
(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;
(h) To make an unsworn oral or written statement in his or her defence; and
(i) Not to have imposed on him or her any reversal of the burden of proof or any onus of rebuttal.
2. In addition to any other disclosure provided for in this Statute, the Prosecutor shall, as soon as practicable, disclose to the defence evidence in the Prosecutor's possession or control which he or she believes shows or tends to show the innocence of the accused, or to mitigate the guilt of the accused, or which may affect the credibility of prosecution evidence. In case of doubt as to the application of this paragraph, the Court shall decide.