'Rights during trial - free communication with counsel' 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:

3) to communicate with the defense counsel without impediment;

Part I
GENERAL PROVISIONS

Chapter VI
DEFENSE COUNSEL

The right of defense counsel to have contact with the defendant held in
detention
Article 75

(1) If the defendant is held in detention, the defense counsel may exchange letters or talk with him.
(2) The defense counsel has the right to a confidential conversation with the suspect who has been detained even before the interrogation of the suspect, as well as with the defendant who is in detention. The only control allowed of this conversation prior to the fist interrogation and during the investigation shall be visual control, while audio control shall not be allowed.
(3) The defense counsel and the defendant may not confer on how the defendant should reply to question that has already asked.
(4) The Investigative Judge may ex officio or upon the request of a Public Prosecutor, order that the letters, sent by the defendant who is held in detention to his defense counsel or sent by the defense counsel to the defendant in detention, be handed over only after he has examined them, if there is reasonable cause to believe the they have been used in an attempt to organize escape, influence the witnesses, intimidate the witnesses or some other obstruction of the investigation. The Investigative Judge shall make an official note on retaining and examining of the letters.
(5) When the investigation is concluded or when the indictment, i.e. motion to indict without prior conducting of the investigation have been raised, the unsupervised correspondence and conversations between the defendant and defense counsel may no longer forbidden.

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 ;

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:
(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