Part I
GENERAL PROVISIONS

Chapter I
BASIC RULES




Defendant's right to a defense
Article 5

(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.

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:

4) to have the defense counsel present at his interrogation;

Part II
THE COURSE OF PROCEEDINGS

A. CRIMINAL OFFENSE REPORT, PRELIMINARY INVESTIGATION AND NOTIFICATION OF CRIMINAL OFFENCE

Chapter XIX
PRELIMINARY INVESTIGATION AND SUBMISSION OF NOTIFICATION ON CRIMINAL OFFENCE

Gathering evidence from citizens in preliminary investigation
Article 257

(5) If summoned citizen comes with his counsel to the police premises, the police shall allow the counsel to be present while information is being given by the citizen.

Part II
THE COURSE OF PROCEEDINGS

A. CRIMINAL OFFENSE REPORT, PRELIMINARY INVESTIGATION AND NOTIFICATION OF CRIMINAL OFFENCE

Chapter XIX
PRELIMINARY INVESTIGATION AND SUBMISSION OF NOTIFICATION ON CRIMINAL OFFENCE

Gathering of information from persons in detention during the preliminary
investigation
Article 259

(3) Gathering of information shall be postponed until the defense counsel arrives, but no longer than for four hours and if within that time frame, defense counsel does not arrive, information may be collected even without the presence of the defense counsel.

Part II
THE COURSE OF PROCEEDINGS

A. CRIMINAL OFFENSE REPORT, PRELIMINARY INVESTIGATION AND NOTIFICATION OF CRIMINAL OFFENCE

Chapter XIX
PRELIMINARY INVESTIGATION AND SUBMISSION OF NOTIFICATION ON CRIMINAL OFFENCE

The interrogation of a suspect by using the device for registering physiological
reactions of the interrogated person
Article 261

(7) Defense counsel of the suspect, i.e. counsel of the persons subject to collection of information from Article 260, paragraph 1 of the present Code and the Public Prosecutor may be present during the interrogation referred to in paragraph 1 of the present Article, and may observe the interrogation but have no right to ask questions during the interrogation and influence its course, and as a rule they shall be in a different room that shall be connected via video link to the room where the interrogation with the use of the device for registering physiological reactions is being conducted.

Part II
THE COURSE OF PROCEEDINGS

B. PRELIMINARY PROCEEDINGS

Chapter XX
INVESTIGATION

Presence of certain persons in the course of evidentiary actions in the
investigation
Article 278

(2) The injured person, the proxy of the injured person and the defense counsel may be present at the interrogation of the suspect or the defendant. In the case of mandatory legal representation stipulated in the Article 71 paragraph 1 of the present Code, the defense counsel must be present at the interrogation of a suspect or the defendant.

Part One
GENERAL PART

Chapter VI
THE DEFENDANT AND DEFENCE COUNSEL

1 The Defendant

The Defendant’s Rights
Article 68

The defendant is entitled :

4) to have a defence counsel attend his interrogation ;

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 may be interrogated without a defence counsel being present if the defendant has expressly waived that right, if a duly summoned defence counsel is not present although he has been informed about the interrogation (Article 300 paragraph 1.) and there exists no possibility for the defendant to hire another defence counsel, or if the defendant has failed to secure the presence of a defence counsel even after the expiry of a period of 24 hours after first being advised about that right (Article 68 paragraph 1 item 4)), except in the case of mandatory defence.

Article 55
Rights of persons during an investigation
2. Where there are grounds to believe that a person has committed a crime within the jurisdiction of the Court and that person is about to be questioned either by the Prosecutor, or by national authorities pursuant to a request made under Part 9, that person shall also have the following rights of which he or she shall be informed prior to being questioned:
(d) To be questioned in the presence of counsel unless the person has voluntarily waived his or her right to counsel.