Part I
GENERAL PROVISIONS

Chapter I
BASIC RULES

Defendant's right to a defense
Article 5

(4) The defendant has to have the opportunity to give a statement concerning all facts and evidence held against him, as well as to present all facts and evidence in his favor.

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:

(6) During the hearing, the defendant should have the opportunity to speak about all incriminating circumstances and state all facts in favor of his defense and his position in criminal proceedings without any interruptions.

Part One
GENERAL PART

Chapter VI
THE DEFENDANT AND DEFENCE COUNSEL

1 The Defendant

The Defendant’s Rights
Article 68

The defendant is entitled :

2) not to say anything, to refrain from answering a certain question, to present his defence freely, to admit or not to admit his culpability ;

Part One
GENERAL PART

Chapter VI
THE DEFENDANT AND DEFENCE COUNSEL

1 The Defendant

The Defendant’s Rights
Article 68

The defendant is entitled :

10) to state his position in relation to all the facts and evidence against him and to present facts and evidence in his favour, to question witnesses for the prosecution and to demand that witnesses for the defence be questioned in his presence, under the same conditions as the witnesses for the prosecution ;

Part One
GENERAL PART

Chapter VII
EVIDENCE

2. Evidentiary Actions

a) Interrogation of the Defendant

Rules of Interrogating Defendants
Article 86

During the interrogation it will be made possible to the defendant to state, without being interrupted, his position in relation to all circumstances against him and facts which support his defence.

Part Two
COURSE OF THE PROCEEDINGS

Chapter XVIII
TRIAL AND JUDGMENT

1. Trial

b) Holding the Trial

g. Course of the Trial

Prior Verification and Advice on Rights
Article 389

When the president of the panel determines that all the persons summoned have come to the trial, or when the panel decides to hold the trial in the absence of one of the persons summoned, or decides to rule on those questions subsequently, the president of the panel will :

3) advise the defendant of his rights and duties (Articles 68 and 70), and especially of the right to present facts and propose evidence in his defence, pose questions to a co-defendant, witness, expert witness and professional consultant, make objections and provide explanations in connection with the evidence examined, and ask him if he has understood the advice.

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:
(h) To make an unsworn oral or written statement in his or her defence