'Rights during investigation - access to interpreter and translation if questioned in other language' in document 'Serbia - Criminal Procedure Code'

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RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

Part I
GENERAL PROVISIONS

Chapter I
BASIC RULES

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:

Part I
GENERAL PROVISIONS

Chapter I
BASIC RULES

The official language in criminal proceeding and the right to use own language
Article 8

(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.

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 ;

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.

RELEVANT ROME STATUTE PROVISIONS

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