Spans in 'Serbia - Criminal Procedure Code' tagged with 'Rights during investigation - not to 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'

'Rights during investigation - not to 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' in document 'Serbia - Criminal Procedure Code'

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More information about the keyword 'Rights during investigation - not to 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'
More information about the document 'Serbia - Criminal Procedure Code'
The relevant provisions of implementing legislation: [1] [2] [3] [4] [5]
The Relevant Provisions of the Rome Statute

RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

Part I
GENERAL PROVISIONS

Chapter I
BASIC RULES

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.

Part I
GENERAL PROVISIONS

Chapter VII
EVIDENTIARY ACTIONS

3. Examination of the defendant

Basic rules for the examination of the defendant
Article 95

(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:

(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.

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 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.

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.

RELEVANT ROME STATUTE PROVISIONS

Article 55
Rights of persons during an investigation
1. In respect of an investigation under this Statute, a person:
(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