Part One
GENERAL PART

Chapter I
BASIC PROVISIONS

Advice of Rights

Article 8

The authority conducting proceedings is required to advise the defendant or other participant in the proceedings, in accordance with the provisions of this Code, about the rights to which they are entitled.

Where a defendant or other participant in the proceedings might omit to perform an action or fail to exercise a right due to ignorance, the authority conducting proceedings is required to caution him about the consequences of the omission.

Part One
GENERAL PART

Chapter I
BASIC PROVISIONS

Duty to Assist a Participant in Proceedings

Article 19

All public authorities are required to render necessary assistance to the public prosecutor, courts or other authorities conducting proceedings, as well as to the defendant and his defence attorney at their request with the aim of collecting evidence.

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 Two
COURSE OF THE PROCEEDINGS

Chapter XVI
INVESTIGATION

1. Basic Provisions

Gathering of Evidence and other Materials by the Defence
Article 301

The suspect and his defence counsel may collect on their own evidence and materials for the benefit of the defence.

For the purpose of enforcing the right referred to in paragraph 1 of this Article, the suspect and his defence counsel are entitled :

1) to talk to a person who can provide them data that can be useful for the defence and to obtain from that person written statements and information, with his consent ;
2) to enter private premises or areas which are not open to the public, a dwelling or premises linked with a dwelling, with the consent of their holder ;
3) to take over from a legal or natural person objects and instruments and obtain information possessed by that person, with their consent, as well as with an obligation to issue that person a certificate with a list of the objects and instruments taken.

The authorisation referred to paragraph 2 item 1) of this Article does not relate to the injured party and persons already questioned by the police or public prosecutor.

The written statement and opinion referred to in paragraph 2 item 1) of this Article may be used by the defendant and his counsel during the questioning of a witness or a test of the authenticity of his statement, or for issuing a decision to question a certain person as a witness by the public prosecutor or the court.

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:
(a) To be informed promptly and in detail of the nature, cause and content of the charge, in a language which the accused fully understands and speaks;
(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;
(c) To be tried without undue delay;
(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;
(e) To examine, or have examined, the witnesses against him or her and to obtain the attendance and examination of witnesses on his or her behalf under the same conditions as witnesses against him or her. The accused shall also be entitled to raise defences and to present other evidence admissible under this Statute;
(f) To have, free of any cost, the assistance of a competent interpreter and such translations as are necessary to meet the requirements of fairness, if any of the proceedings of or documents presented to the Court are not in a language which the accused fully understands and speaks;
(g) Not to be compelled to testify or to confess guilt and to remain silent, without such silence being a consideration in the determination of guilt or innocence;
(h) To make an unsworn oral or written statement in his or her defence; and
(i) Not to have imposed on him or her any reversal of the burden of proof or any onus of rebuttal.
2. In addition to any other disclosure provided for in this Statute, the Prosecutor shall, as soon as practicable, disclose to the defence evidence in the Prosecutor’s possession or control which he or she believes shows or tends to show the innocence of the accused, or to mitigate the guilt of the accused, or which may affect the credibility of prosecution evidence. In case of doubt as to the application of this paragraph, the Court shall decide.