Part I
GENERAL PROVISIONS

Chapter I
BASIC RULES




Defendant's right to a defense
Article 5

(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.

Part I
GENERAL PROVISIONS

Chapter I
BASIC RULES



Defendant's right to a defense
Article 5

(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.

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:

2) to retain a defense counsel of his choice;

Part I
GENERAL PROVISIONS

Chapter VI
DEFENSE COUNSEL

Release of defense counsel
Article 73
(1) The defendant, i.e. another authorized person (Article 67, paragraph 2) may take another defense counsel instead of the appointed defense counsel (Articles 71 and 72). In that case the appointed counsel shall be released of his duties.
(2) The defense counsel appointed in compliance with Article 71 paragraph 2 of the present Code is released of his duties when the Ruling on discontinuance of detention becomes final.
(3) The appointed defense counsel can request to be released for justified reasons.
(4) Regarding the release of the defense counsel in circumstances provided for in paragraphs 1 and 2 of the present Article, prior to the commencement of the trial the ruling is rendered by the Investigative Judge, i.e. President of the Chamber, during the trial the ruling is rendered by the Trial Chamber, and during the appeal proceedings by the President of the first instance trial chamber, i.e. Chamber that has jurisdiction to rule on the appeal. Against such ruling the appeal is not allowed.
(5) The Public Prosecutor shall be obliged to inform the Investigative Judge, during the investigation, if the defense counsel is performing his duties unprofessionally, and the Investigative Judge may render a ruling on the release of the defense counsel in compliance with paragraph 4 of the present Article.
(6) The President of the Court, upon obtained opinion of the authority before which the criminal proceeding is being conducted, may release the appointed defense counsel who is performing his duties unprofessionally. The President of the Court shall appoint another defense counsel instead of the released defense counsel. The Attorney Bar Association shall be notified about the release of the defense counsel, and it shall be obliged to inform the President of the Court within two months, of the measures it has taken.

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 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.

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