Part I
GENERAL PROVISIONS

Chapter I
BASIC RULES


Defendant's right to a defense
Article 5

(5) The defendant has to be provided with sufficient time and opportunity to prepare his defense.

Part One
GENERAL PART

Chapter VI
THE DEFENDANT AND DEFENCE COUNSEL

1 The Defendant

The Defendant’s Rights
Article 68

The defendant is entitled :

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

Part One
GENERAL PART

Chapter VI
THE DEFENDANT AND DEFENCE COUNSEL

1 The Defendant

The Defendant’s Rights
Article 68

The defendant is entitled :

9) to collect evidence for his own defence ;

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.

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:
(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