'Rights during trial - conduct defence in person' in document 'Serbia - Criminal Procedure Code'

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RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

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:

(10) The defendant may be heard in the absence of a defense counsel if he has expressly waived this right and defense is not mandatory, if the defense counsel is not present although he has been notified about the examination (Article 278, paragraph 8) and there is no possibility for the defendant to take another defense counsel, or if the defendant has not secured a defense counsel for the first hearing
within 24 hours from the time he has received the instruction on this right (Article 5, paragraphs 6 and 7), except in the case of mandatory 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 :

3) to defend himself on his own or with the professional assistance of a defence counsel, in accordance with the provisions of 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:
(d) Subject to article 63, paragraph 2, to be present at the trial, to conduct the defence in person or through legal assistance of the accused's choosing, to be informed, if the accused does not have legal assistance, of this right and to have legal assistance assigned by the Court in any case where the interests of justice so require, and without payment if the accused lacks sufficient means to pay for it