GENERAL PART

Section One : GENERAL PROVISIONS

CHAPTER 1. LEGISLATION ON CRIMINAL PROCEDURE

Article 2. Objectives of the Criminal-Procedure Legislation

3) no person has been unlawfully or without reasonable cause subjected to procedural measures of compulsion, punishment, or any other limitation of one's rights and freedoms.

GENERAL PART

Section One : GENERAL PROVISIONS

CHAPTER 2. PRINCIPLES OF CRIMINAL PROCEEDINGS

Article 7. Legitimacy

1. The agency for inquest, the investigator, the prosecutor, the court, the judge, and any other person participating in criminal proceedings shall be obligated to observe the Constitution, this Code, and other laws.

2. In connection with a criminal case, no person may be detained, arrested, searched, taken into custody, or subjected to any other measure of procedural compulsion or conviction or other restriction of his rights and freedoms otherwise than on the grounds and by procedure prescribed by law.

3. The agency for inquest, the investigator, the prosecutor, the court, and the judge shall apply the law in accordance with their own legal knowledge.

Article 8. Equality of All Before the Law

All people are equal before the law and shall enjoy equal protection of the law, without any discrimination.

Article 9. Respect for the Rights, Freedoms and Dignity of an Individual

1. Respect for the rights, freedoms, and dignity of a person is mandatory for all bodies and persons participating in criminal proceedings.

2. The court can warrant temporary limitation of the rights and freedoms of individuals as well as imposition of measures of procedural compulsion only in cases, where the necessity of such warrant is supported with appropriate legal grounds.

3. In the course of criminal proceedings, no one shall be kept in conditions humiliating human dignity.

4. No one may be forced to participate in procedural actions humiliating his dignity.

5. Everyone has the right to defend his rights and freedoms by any means not prohibited by law.

Article 10. Ensuring the Right to Legal Assistance

1. Everyone has the right to receive legal assistance, in accordance with the provisions of this Code.

2. The body conducting criminal proceedings, shall be obligated to ensure that the suspect or the accused receive legal assistance.

3. During criminal proceedings, the civil claimant or his legal representative, the legal representative of the suspect or the accused, as well as the civil defendant shall have the right to enjoy the legal assistance of lawyers invited by them.

4. During interrogation of the injured party, the body of criminal prosecution shall have no right to prohibit the attendance of the attorney invited by the injured party as legal representative.

5. The body conducting the criminal proceedings is entitled to provide the suspect or the accused with free legal counselling based on the financial situation of the latter.

Article 11. Immunity of Person

1. Everyone has the right to liberty and immunity.

2. No one may be taken into custody and deprived of his liberty except on the grounds and by procedure stipulated in this Code.

3. Arrest, keeping in custody, or forcible placement of a person with a medical or correction institution shall be allowed only by warrant of the court. A person may not be subjected to detention for more than 96 hours unless a relevant warrant is issued by the court.

4. Everyone who is detained or arrested shall be informed promptly of the reasons for his detention or arrest, as well as the factual circumstances and legal description of the offense, the commission of which is incriminated to him, or suspected in.

5. The court, as well as the agency for inquest, the investigator, and the prosecutor shall be obligated to promptly order the release of any detained person, if the detention is not lawful. The head of administration of a detention facility shall have no right to place, without a warrant of the court or any other grounds prescribed by this Code, any person into custody, and shall be obligated to release any person, whose detention period has expired.

6. Search or physical examination of a person, as well as other procedural actions interfering with the immunity of a person, can be conducted in cases and by procedure prescribed by this Code.

7. In the course of criminal proceedings, no one shall be subjected to torture, unlawful physical or mental violence, including the use of drugs, hunger, exhaustion, hypnosis, deprivation of medical aid, and any other cruel treatment. It shall be prohibited to use force, threats, fraud, violation of rights, and other unlawful methods while trying to obtain testimony from the suspect, the accused, the defendant, the injured party, the witness, and other persons participating in criminal proceedings.

8. It shall be prohibited to get a person involved in long investigative experiments or other procedural actions or the same causing physical sufferings or endangering his life or the life of other persons around, as well as to subject a person to any other tests of similar character.

9. In the course of criminal proceedings, it shall be prohibited to use methods that may endanger the life and health of people or the environment.

Article 12. Immunity of Residence

1. Everyone has the right to security of one's residence. It shall be prohibited to enter a person's residence against his will, except in cases prescribed by this Code.

2. A residence may be searched only upon a court decision and in a manner stipulated by this Code. In the course of criminal proceedings, examination of a residence, conduct of other procedural actions therein, and entrance into the residence using technical means against the will of the persons occupying it can be done by the bodies of inquest, the investigator by decision of the prosecutor.

Article 13. Security of Property

1. Imposition of an arrest on bank deposits and other property of a person may be ordered in the course of criminal proceedings and upon a decision of the court, the agency for inquest, the investigator, or the prosecutor.

2. Any property seized during a procedural action should be mentioned and described in detail in the record of the respective procedural action, and the owner of the property shall receive a copy of the record.

3. In the course of criminal proceedings, imposition of fines as well as forced alienation of property may be ordered only upon a decision of the court.

Article 14. Confidentiality of Correspondence, Telephone Conversations, Mail, Telegraph and Other Communications

1. Everyone has the right to confidentiality of correspondence, telephone conversations, mail, telegraph and other communications. No one can be unlawfully deprived of the said right or limited in that right in the course of criminal proceedings.

2. Imposition of arrest on postal and telegraph correspondence, its examination, wire¬tapping and interception of conversations over the telephone or other means of communication, may be ordered in the course of criminal proceedings only upon a decision of the court and in the manner prescribed by law.

Article 15. Language of Criminal Proceedings

1. Criminal proceedings shall be conducted in the Armenian language. Everyone has the right to use, in the course of criminal proceedings, the language he masters, except the body conducting the criminal proceedings.

2. By decision of the body conducting the criminal proceeding, the persons participating in criminal proceedings, who lack sufficient command of the language of criminal proceedings, shall be provided, free of charge, with the possibility to exercise, with the help of an interpreter, all rights belonging to them under the provisions of this Code.

3. Certain persons, who lack sufficient command of the language of criminal proceedings, shall receive a verified copy of those documents, which, in accordance with law, should be delivered to them in their native language.

4. Documents in other languages are attached to the case with the translation into the Armenian language.

Article 16. Public Trial

1. Trial shall be public.

2. Trial in camera is held, in cases and in the manner prescribed by law, shall be held only upon a court decision, for the purpose of protection of public morals, public order, state security, and the private life of the parties, as well as the interests of justice. The court verdicts and final decisions in all cases are announced publicly.

Article 17. Fair Trial

1. Everyone has the right to a fair trial with observance of all requirements of fairness, by an independent and impartial court, of any criminal case affecting one's interests.

2. The judge, the prosecutor, the investigator, the officers of the agency for inquest can not participate in the proceedings of a criminal case, if they are directly or indirectly interested in its outcome.

3. The body of criminal prosecution is obligated to undertake all measures prescribed by this Code for a comprehensive, full and objective investigation of the case circumstances, to reveal all the circumstances both convicting and absolving the suspect or accused, and also the circumstances reducing and aggravating his responsibility.

4. All statements of the suspect, the accused, and their defense attorney about their innocence, on the availability of evidence absolving the suspect or the accused or reducing their responsibility, all appeals on violation of the law in the course of criminal proceedings shall be thoroughly examined by the body conducting the criminal proceedings.

Article 18. Presumption of Innocence

1. Every person suspected in or charged with a criminal offense shall be presumed innocent unless proved guilty in the manner prescribed by this Code and unless the verdict comes into legal force.

2. The suspect or the accused is not obligated to prove his innocence. The obligation to prove the innocence of the suspect or the accused can not be imposed on the defense party. The obligation to prove the charges and to disprove the arguments brought in favor of the suspect and the accused lies upon the prosecution.

3. No conclusion that a person is guilty of a crime can be based on suppositions, and such conclusion has to be supported by sufficient combination of reliable and compatible evidence [cumulative evidence], which is relevant to the case.

4. All doubts concerning the charge to be proved, which cannot be eliminated through a due process of law in accordance with the provisions of this Code, are interpreted in favor of the accused and the suspect.

Article 19. The Right to Defense of the Suspect and the Accused and Guarantees for this Right

1. Every suspect and the accused has the right to defense.

2. The body conducting the criminal proceedings, is obligated to explain to the suspect and the accused their rights and provide them with actual possibility to defend themselves against the charges by all means not prohibited by law.

3. The body conducting the criminal proceedings, is obligated to ensure that the legal representative of the suspect or the accused takes part in the case.

4. The suspect and the accused are entitled to defend themselves against the charges either in person or through the legal assistance of a defense attorney and legal representative. Participation of the defense attorney and the legal representative in the criminal proceedings shall not restrict the rights of the suspect and the accused.

5. The suspect and the accused cannot be forced to testify, submit any materials to the bodies of criminal prosecution, or provide any assistance to them.

Article 20. Privilege Against Self-Incrimination

1. No one shall be obligated to furnish evidence against himself, his/her spouse, and close relatives.

2. Any person, who is suggested by the body of criminal prosecution to furnish data or materials incriminating himself, his/her spouse or close relatives, has the right to refuse from doing so.

3. This Code can stipulate also other cases of privilege against testifying or furnishing evidence.

Article 21. Inadmissibility of Repeated Conviction and Criminal Prosecution for the Same Crime

1. No one can be convicted twice for the same offense.

2. After the judgment of the court enters into legal force, the person involved shall be guaranteed, with respect to the same event, against any resumption of criminal prosecution or any replacement of the charge or the penalty with a more severe one.

3. Aquittal or termination of the case or suspension of the criminal prosecution, cassation appeal against the court decision, can be brought within six months after the came into legal force.

4. The decision to suspend the case, or terminate the criminal prosecution can be eliminated only by the attorney general, within six months after such decision has been made.

5. The deadlines mentioned in this Article are not valid in the case of newly discovered circumstances.

Article 22. Rehabilitation of the Rights of the Persons who suffered from Judicial Mistakes

1. An acquitted person is entitled to rehabilitation of his rights, including the compensation financial damages caused to him in the course of criminal proceedings conducted by the bodies in charge of criminal proceedings. Rehabilitation measures shall be implemented by the bodies conducting the criminal proceedings, in the manner prescribed by this Code.

2. Also, entitled to compensation of inflicted financial damage, is any person who was illegally subjected to forced measures by the body in charge of criminal proceedings.

3. The bodies conducting the criminal proceedings must implement all measures envisaged in this Code for the rehabilitation of the rights of the acquitted person.

Article 23. Adversarial System of Criminal Proceedings

1. Criminal proceedings shall be conducted on the basis of the principle of adversarial process.

2. Criminal prosecution, defense, and final resolution of a case shall be separated from each other and shall be conducted by different bodies and persons.

3. The court is not a body supporting either the prosecution, or defense party, while maintaining and expressing only the interests of the law and justice.

4. The court trying a criminal case, shall uphold the principles of objectivity and impartiality and shall create necessary conditions for both parties to comprehensively and fully examine all the circumstances of the case. The court is not bound by the opinions of the parties and is entitled to undertake, upon its own initiative, all the necessary measures to reveal the truth in the criminal case.

5. The parties to a criminal proceeding are empowered by the criminal-procedural legislation with equal rights and chances to defend and support their own positions. The verdict of the court may be based on such evidence only, examination of which has been made equally accessible for both parties.

6. In the choice of their standpoints and methods and measures to be used to maintain those standpoints in the course of criminal proceedings, the parties shall be independent of the court or any other bodies and persons. Upon the motion of a party, the court shall assist such party in receiving necessary materials, in the manner prescribed by this Code.

7. The court shall ensure the right of the parties to participate in the trial of the case by the court of first instance and the appellate court. The person who brought the appeal is entitled to be present in the cassation court.

8. Participation of the parties in the examination of a criminal case at the court is obligatory. In every criminal case, prosecution shall be represented at the trial by a prosecutor.

Article 24. Administration of Justice Exclusively by the Court

1. In the Republic of Armenia, justice shall be administered exclusively by the court. Establishment of extraordinary courts is not permitted.

2. No one can be adjudicated guilty in commission of a crime or undergo criminal punishment otherwise than upon the judgment of the court and in accordance with law.

3. Misappropriation of judicial authority shall be punishable under the criminal law.

4. Jurisdiction of the court and procedures for administration of criminal justice may not be arbitrarily changed with respect to particular cases, persons, or situations, or for a particular period of time.

5. No one can be deprived of the right to have his case tried by that particular court or that particular judge, to the jurisdiction of which or whom it is assigned by the law.

6. The judgment or any other decision rendered by the court with regard to criminal cases may be reviewed only by the relevant superior court, in the manner prescribed by this Code.

Article 25. Independent Assessment of Evidence

1. The judge, as well as the agency for inquest, the investigator, or the prosecutor shall assess the evidence independently, relying on their own belief.

2. No evidence shall have a pre-determined force in criminal proceedings. The judge, as well as the agency for inquest, the investigator, or the prosecutor shall not deal with the evidence in a biased way or give more or less significance to ones in comparison with the others, before the examination of all the available evidence in accordance with a due process of law.

GENERAL PART

Section Three: PARTIES AND OTHER PERSONS PARTICIPATING IN CRIMINAL PROCEEDINGS

CHAPTER 7. PARTY OF PROSECUTION

Article 55. The Investigator

4. 16) ensure the appointment of lawyers in the capacity of defense attorneys and to permit the persons to participate in the capacity of defense attorneys and the representatives;

GENERAL PART

Section Three: PARTIES AND OTHER PERSONS PARTICIPATING IN CRIMINAL PROCEEDINGS

CHAPTER 8. DEFENDANT PARTY

Article 63. The Rights and Obligations of the Suspect

1. The suspect has a right to defense. The body, conducting the criminal proceedings, provides the suspect with the possibility to implement the right to defense, he/she is entitled to, by all means and remedies, not prohibited by law.

2. The suspect has the right, in the manner, prescribed by this Code, on the following: 1) to know, what he/she is suspected in, to know the content of suspicion, the factual side and legal qualification of the deed incriminated to him/her;

2) to receive immediately upon detention from the body of inquiry, the investigator or the prosecutor a written notification of one's rights and explanation;
3) to receive immediately upon detention or upon declaration of the resolution on the selection of precautionary measure from the body of criminal prosecution, the free copy of the resolution of the body of criminal prosecution or the copy of the resolution on the selection of precautionary measure; to receive immediately upon the completion of the protocol of detention its copy;
4) to have a defense attorney from the moment of presentation to him/her the resolution of the body of criminal prosecution, on detention, the protocol of detention or the resolution on selection of the precautionary measure; to refuse from defense attorney and to conduct the defense himself/herself;
5) to communicate without hindrance, with his/her defense attorney tete-a-tete and confidentially without limitation of the number and the length of the conversations;
6) to be interrogated with participation of the defense attorney;
7) to give testimonies and to refuse from giving testimonies;
8) to give explanations and to refuse from giving explanations;
9) within 12 hours after detention, to notify through the body conducting the criminal trial the close relatives on the place of his/her imprisonment, in the case of foreign citizens, to notify the embassy or the consulate;
10) to present materials for the inclusion into the criminal case;
11) to declare challenges;
12) to declare motions;
13) to object against the actions of the bodies of criminal prosecution and to demand the inclusion of his/her objections into the protocol of investigatory or other procedure actions;
14) to participate in the investigatory and other procedure actions or refuse from participation, if not otherwise prescribed by this Code, upon his/her motion and upon the permission of the body of inquiry, the investigator or the prosecutor personally or through the defense attorney;
15) to get acquainted with the protocols of investigatory and other procedure actions, in which he/she participated, and to issue remarks with respect to the correctness and fullness of the records in the protocol; to demand, during the participation in investigatory and other procedure actions, the inclusion into the protocol of the mentioned actions, the records on the circumstances, which, to his/her opinion had to be mentioned;
16) to be notified by the body, conducting the criminal trial on the adoption of the decisions, connected with the expert assessment and special checking, and upon his/her request to receive also free copies of these decisions;
17) to appeal the actions and the decisions of the bodies of inquiry, the investigator, the prosecutor and, the court;
18) to revoke the appeal filed by him or his lawyer;
19) to receive compensation for the damage, caused unlawfully by the actions of the body, conducting the criminal trial.

3. In case, the suspicion is not confirmed, the suspect has the right to rehabilitation.

4. The implementation by the suspect the rights, belonging to him/her or the refusal from their implementation shall not be interpreted against him/her or cause any unfavorable consequences for him/her. The suspect cannot bear any responsibility for the testimonies and explanations given by him/her, with the exception of the cases, when he/she declared on committing the crime by the person who is not involved in it.

GENERAL PART

Section Three: PARTIES AND OTHER PERSONS PARTICIPATING IN CRIMINAL PROCEEDINGS

CHAPTER 8. DEFENDANT PARTY

Article 65. The Rights and Obligations of the Accused

2. The accused have the right, in the manner, prescribed by this Code:

1) to know, what is he/she accused of, for the purpose of which at the prosecuting of indictment, and also immediately upon imprisonment or the declaration of selection of the precautionary measure, to receive from the body of criminal prosecution, a free copy of the resolution on the impleading as an accused;

2) after detention, the accused is entitled to to receive from the body of criminal prosecution, the explanations on all rights, belonging to him/her/from, as prescribed by Part 2 of this Article,
3) to have a defense attorney from the moment of indictment, to refuse from the defense attorney and to defend himself/herself;
4) to communicate unhampered with his/her defense attorney tete-a-tete and confidentially without limitation of the number and the length of the conversations;
5) to be interrogated with participation of the defense attorney;
6) to give testimonies and to refuse from giving testimonies, to be cross-examined with people who testified against him;
7) to give explanations and to refuse from giving explanations;
8) to participate in the investigatory and other procedure actions or refuse from participation, if not otherwise prescribed by this Code, upon his/her motion and upon the permission of the body of inquiry, the investigator or the prosecutor, personally or through the defense attorney;
9) within 12 hours after detention, to notify through the body conducting the criminal trial the close relatives on the place of his/her imprisonment, in the case of foreign citizens, to notify the embassy or the consulate;
10) to obtain the materials on the criminal case and to present them for the inclusion into the criminal case and examination;
11) to declare challenges;
12) to declare motions;
13) to declare one's guilt or innocence;
14) to object against the actions of the bodies of criminal prosecution and to demand the inclusion of his/her objections into the protocol of investigatory or other procedure actions;
15) to familiarize himself/herself with the protocols of investigatory and other procedure actions, in which he/she participated or was present, and to issue remarks with respect to the correctness and fullness of the records in the protocol; to demand, during the participation in investigatory and other procedure actions, the inclusion into the protocol of the mentioned actions the records on the circumstances, which, to his/her opinion had to be mentioned; to acquaint himself/herself with the protocol of court session and to bring remarks on it;
16) to acquaint himself/herself, from the moment of completion of preliminary investigation, with the materials of the case, make copies and to write out any data from the case in any volume;
17) to participate in the court session of the court of first instance and the appellate court, to participate in the examination of the materials of the case, and to address the court with speeches and a remarks;
18) to pronounce the last statement in the course of court proceedings;
19) to be notified by the body conducting the criminal proceedings on the adoption of the decisions, connected with the expert assessment and special checking, on prosecution upon him/her the precautionary measures and other measures of procedure compulsion and upon his/her request to receive also the copies of these decisions, to receive free of charge the copy of indictment or final act, the claim, and also the copy of the verdict or other final decisions of the court;
20) to appeal the actions and the decisions of the bodies of inquiry, the investigator, the prosecutor, the court, including the appeal of verdict and other final decisions of the court;
21) to recall any appeal submitted by him/her or his/her defense attorney;
22) to submit objections to the appeals of other participants of the trial, communicated to him/her by the body, during the trial, or known to him/her following other circumstances;
23) to express at the court session his opinion regarding the motions an proposals of other participants of the trial;
24) to protest against unlawful actions of other party;
25) to object to the actions of the presiding person;
26) to receive compensation for the damage, caused unlawfully by the actions of the body conducting the criminal trial.

3. The implementation by the accused of the rights he is entitled to, or the refusal from their implementation shall not be interpreted against him/her or cause any unfavorable consequences for him/her. The accused cannot bear any responsibility for the evidences and explanations given by him/her, with the exception of the cases, when he/she declared on committing the crime by the person obviously not involved in it.

GENERAL PART

Section Three: PARTIES AND OTHER PERSONS PARTICIPATING IN CRIMINAL PROCEEDINGS

CHAPTER 8. DEFENDANT PARTY

Article 69. Obligatory Participation of Defense Attorney

1. The participation of the defense attorney in the proceedings of the criminal case is obligatory in the following cases:
1) the suspect or the accused expressed such a wish;
2) it is difficult for suspect or accused to exercise the right to defense, belonging to them themselves because of being deaf-mute, blind, deaf, other essential violations of the functions of speech, hearing, sight, because of lengthy severe illness, and also idiocy, obvious mental underdevelopment, other physical or mental defects;
3) an aggravated mental disorder or temporary mental disorder of the suspect or the accused is revealed at the moment of the conduct of the criminal case;
4) the suspect and the accused have no command or sufficient knowledge of the language of the criminal proceedings;
5) the suspect or accused had been under age at the moment of the incident, the involvement in which is incriminated to them;
6) the accused is a person drafted for military service;
7) there are discrepancies in the interests of the suspects or the accused, meanwhile one of them has a defense attorney;
8) the criminal prosecution is conducted with respect to a person, to whom is incriminated the commitment of a deed, forbidden by criminal laws, in the state of insanity;
9) the suspect or the accused are under disability.

2. The participation of the defense attorney in the proceedings of the criminal case is obligatory from the moment of:
1) the expression of the will by the suspect or the accused to have a defense attorney: in cases prescribed by Point 1, Part 1 of this Article.
2) the announcement to the suspect on the resolution of the body of criminal prosecution on the detention, the presentation of the protocol of detention or the decision on the selection of the precautionary measure, or upon indictment: in cases, prescribed by Points 2,4,5, Part 1 of this Article;
3) the disease was revealed : in cases, prescribed by Point 3, Part 1 of this Article;
4) the indictment: in cases, prescribed by Points 6 and 8, Part 1 of this Article;
5) such circumstances were revealed: in cases, prescribed by Point 7, Part 1 of this Article;
6) the adoption of the decision on bringing to court in the capacity of the accused: in the case, prescribed by Point 9, Part 1 of this Article;
7) the suspect or accused were recognized as incompetent in the manner of civil proceedings, in case, prescribed by Point 9, Part 1 of this Article.

3. The expression of the wish by the suspect or the accused to have a defense attorney is not a circumstance, pre-determining the obligatory manner of the participation of the defense attorney in the criminal case proceedings, if they had had a defense attorney, appointed for them, but had declared a rejection from defense attorney, accepted by the body conducting the criminal trial.

4. The obligatory participation of defense attorney in the proceedings of the criminal case is ensured by the body, conducting the criminal trial.

GENERAL PART

Section Three: PARTIES AND OTHER PERSONS PARTICIPATING IN CRIMINAL PROCEEDINGS

CHAPTER 8. DEFENDANT PARTY

Article 70. Invitation, Appointment, Substitution of Defense Attorney and other Grounds of his/her Participation in the Criminal Trial

4. In cases, prescribed by Point 2, Part 3 of this Article, the body, conducting the criminal trial, is entitled to offer the suspect or the accused to invite another defense attorney themselves.

5. The body of inquiry, the investigator, the prosecutor, the court have the right to offer the suspect and the accused to invite another defense attorney themselves, or to appoint the defense attorney through the Union of Lawyers of the Republic of Armenia in the following cases:

1) upon impossibility of the defense attorney to arrive for the participation in the first interrogation of the suspect or the accused, taken to imprisonment, within 24 hours from the moment of acquiring the status of the defense attorney or in the case of not arrival within the same time frame;
2) upon impossibility of the participation of the defense attorney in the criminal case proceeding for more than 3 days.

GENERAL PART

Section Three: PARTIES AND OTHER PERSONS PARTICIPATING IN CRIMINAL PROCEEDINGS

CHAPTER 8. DEFENDANT PARTY

Article 72. Refusal from Defense Attorney

1. The refusal from defense attorney means, that the suspect or accused have an intention to conduct their defense, without any legal assistance from the defense attorney. The declaration of the suspect or accused from the defense attorney is reflected in the protocol.

2. The refusal from defense attorney is accepted by the body, conducting the criminal trial, only, if the the suspect or the accused declared that of their own accord, voluntarily or in the presence of a defense attorney, who might be appointed as a defense attorney has already been appointed. The refusal from defense attorney is not accepted, caused by the absence of the means for the payment for legal assistance. The body, conducting the criminal trial, is entitled not to accept the refusal from the defense attorney, and to appoint a defense attorney or to keep the appointed one, in the cases, prescribed by Points 2-5 and 8 Part 1 of the article 69 of this Code.

3. The suspect and the accused are considered as representing themselves, from the moment of the refusal from defense attorney, which does to deprive from his/her rights the defense attorney, appointed later or not dismissed from the participation in the proceedings of the criminal case by the body, conducting the criminal trial.

4. The suspect and the accused, refusing from the defense attorney, are entitled to change their position on this issue after the acceptance of such refusal at any moment of the proceedings of the criminal case. In this case the participation of a new defense attorney is not a basis for the resumption of the criminal case.

GENERAL PART

Section Three: PARTIES AND OTHER PERSONS PARTICIPATING IN CRIMINAL PROCEEDINGS

CHAPTER 9. REPRESENTATIVES AND SUCCESSORS

Article 77. The Rights and Obligations of Legitimate Representative of the Injured Party, Civil Plaintiff, Suspect, Accused

1. The legitimate representative of the injured party, civil plaintiff, suspect, accused has the following rights, in the manner prescribed by this Code:
1) to know the essence of charges, and the legitimate representative of the suspect, also to know the essence of the suspicion;
2) to know about the summons of the participant of the trial, whom he/she is representing, to the body, conducting the criminal trial and to accompany him/her there;
3) to communicate unhampered with the participant of the trial, whom he/she is representing privately and confidentially without the limitation of the number and duration of the conversations;
4) to participate in the investigatory and other procedure actions conducted by the body of criminal prosecution upon the suggestion of the named body;
5) to give explanations;
6) to present materials for the inclusion into the criminal case and for examination;
7) declare challenges;
8) declare motions;
9) to object against the actions of the bodies of criminal prosecution and to demand the inclusion of his/her objections into the protocol of investigatory or other procedure actions;
10) to acquaint himself/herself with the protocols of investigatory and other procedure actions, in which he/she or the trial participant, whom he/she is representing, participated or was present; to issue remarks with respect to the correctness and fullness of the records in the protocol of the investigatory action or other procedure actions; to demand, during the participation in investigatory and other procedure actions, and also in the court session the inclusion into the protocol of the mentioned actions or the court session the records on the circumstances, which, to his/her opinion had to be mentioned; to acquaint himself/herself with the protocol of court session and to bring remarks on it;
11) to acquaint himself/herself with all materials of the case after the end of the preliminary investigation, make copies and write out any amount of information;
12) to receive the copy of the indictment;
13) to participate in the court session of the court of first instance and the appellate court, to participate in the examination of the materials of the case taking place on the court session, and to address the court with a speech and a remark in the absence of the representative or the defense attorney of the civil plaintiff and the accused, represented by him/her, respectively;
14) to receive free of charge, upon his/her request, the copies of the decisions, which the represented person has a right to receive according to this Code;
15) to submit appeals on the actions and decisions of the body of inquiry, the investigator, the prosecutor, the court including the appeal of the court verdict and other final decision of the court;
16) to recall any appeal submitted by him/her;
17) to make objections on the appeals of other participants of the trial, in the part, related to the interests of the participant of the trial, represented by him/her, communicated to him/her by the body, conducting the criminal trial or known to him/her following other circumstances;
18) to express at the court session opinion regarding the motions and proposals of other participants of the trial;
19) to protest against unlawful actions of other party;
20) to object against the actions of the presiding person;
21) to invite for the person represented by him/her a defense attorney and a representative, respectively, and to terminate the powers of the defense attorney and the representative invited by him/her.
22) Get back the property taken by the body of criminal proceedings as material evidence or the property taken on other grounds, and the originals of official documents which belong to him.

2. The legitimate representative of the incompetent injured, civil plaintiff, suspect, accused exercises, during the proceedings of the criminal case, their rights, with the exception of the rights, inseparable from their person.

3. The legitimate representative of the partially competent injured, civil plaintiff, suspect, accused has the following rights:
1) to terminate the powers of the defense attorney, upon the consent of the partially competent participant of the trial, represented by him/her;
2) to know the intention of the partially competent participant of the trial, represented by him/her on recalling the appeal on the deed, forbidden by the criminal law, committed against him/her; to get reconciliation with the injured, suspect, accused; to refuse the civil claim imposed to him/her or to recognize the civil claim imposed to him/her; to recall the appeal submitted in protection of his/her interests;
3) to agree or to disagree with the decisions of the person, represented by him/her listed in the Point 2, Part 3 of this Article;

4. The legitimate representative of the incompetent injured, civil defendant, suspect, accused is not entitled, on behalf of the participant of the trial, represented by him/her to conduct the following:
1) to recall the appeal on the deed, forbidden by criminal law, committed with respect to the injured;
2) to declare the guiltiness of the accused, represented by him/her, in committing the crime;
3) to reconcile with the injured, suspect, accused;
4) to recognize the claim imposed to the accused and to refuse from the claim, imposed by civil plaintiff;
5) to recall the appeal submitted by the participant of the trial, presented by him/her;

5. The legitimate representative of the injured, civil plaintiff, suspect, accused is not entitled to conduct ant actions against the interests of the participant of the trial, represented by him/her, in particular, to refuse, on behalf of the accused, from the defense attorney.

6. The legitimate representative of the injured, civil plaintiff, suspect, accused has the following obligations:
1) to present to the body conducting the criminal trial, documents, confirming his/her powers of legitimate representative;
2) to arrive upon the call of the body, conducting the criminal trial, for the protection of the interests of the person, represented by him/her;
3) to submit the items and documents, possessed by him upon the demand of the body, conducing the criminal trial;
4) to obey the lawful instructions of the prosecutor, investigator, the body of inquiry, and of the presiding person;
5) to keep order at the court session.

7. The legitimate representative of the injured, civil plaintiff, suspect, accused may be summoned in the capacity of the witness.

8. The legitimate representative of the injured, civil plaintiff, suspect, accused has also other rights and bears other responsibilities, prescribed by this Code.

9. The legitimate representative enjoys the rights, belonging to him/her and executes the obligations, imposed on him/her personally.

GENERAL PART

Section IV. EVIDENCE

CHAPTER14. CONCEPT, PURPOSE AND USE OF EVIDENCE

Article 105. Facts inadmissible as evidence

1.
* by force, threat, fraud, violation of dignity, as well with the use of other illegal actions;
* by violation of the rights of the suspect and accused to defense and that of the additional guaranties prescribed by this Code to persons unable to use the language of the court proceeding;

SPECIAL PART

SECTION 8. PRETRIAL PROCEEDINGS OF CRIMINAL CASES

CHAPTER 28. INTERROGATION AND CONFRONTATION

Article 211. Interrogation of the suspect

The detained suspect is entitled to testify in the presence of a lawyer. If it is impossible to provide immediate participation of the lawyer, the investigator must provide the participation within 24 hours after detention or arrest.
Prior to the beginning of the interrogation, the investigator advises the suspect about the essence of suspicion, as well as explains his rights, including the right of refusal to testify.

SPECIAL PART

SECTION 8. PRETRIAL PROCEEDINGS OF CRIMINAL CASES

CHAPTER 28. INTERROGATION AND CONFRONTATION

Article 212. Interrogation of the accused

The accused is entitled to be interrogated in the presence of a lawyer. The participation of the lawyer is mandatory in cases envisioned in this Code.

SPECIAL PART

SECTION 9. PROCEEDINGS IN FIRST INSTANCE COURT

CHAPTER 41. GENERAL CONDITIONS OF COURT TRIAL

Article 302. Participation of the defendant in the trial
Court trial is done in the presence of the defendant whose attendance of the court is mandatory.

SPECIAL PART

SECTION 9. PROCEEDINGS IN FIRST INSTANCE COURT

CHAPTER 41. GENERAL CONDITIONS OF COURT TRIAL

Article 303. Consequences of the defendant's failure to attend

In case of the defendant's failure to attend the examination of the case is postponed. In the case of the defendant's failure to attend without good motives, the latter can be
brought in by force, by court decree, and in case of availability of grounds specified in this Code, means to secure his appearance can be applied to him or replaced with a more severe ones.

SPECIAL PART

SECTION 9. PROCEEDINGS IN FIRST INSTANCE COURT

CHAPTER 43. TRIAL

Article 336. Interrogation of the defendant

It is explained to the defendant that he is entitled not to testify and that can not do harm to the defendant.

PART 10. PROCEEDINGS IN APPELLATE COURT

CHAPTER 47. CONSIDERATION OF THE CASE IN THE APPELLATE COURT

Article 398. Essential breach of procedural law

Essential breach of procedural law is the breach of the principles of this Code and other general provisions which, through limitation or deprivation of legally guaranteed rights of the case participants, prevented the complete, objective and comprehensive examination of the case, affected or can affect the adequate decision making.
The verdict must turned down when lopsided or incomplete trial is the reason for erroneous withdrawal of permissible evidence from the case or ungrounded dismissal of a petition of a party on the examination of an evidence, which could be significant for the case.
The verdict is liable to be turned down in all cases, if:
in the case of grounds for termination of criminal proceedings or criminal prosecution, the first instance court did not terminate the proceedings or did not terminate the prosecution; the verdict was adopted by an illegal composition of the court;
the case was considered in the absence of the defendant;
the case was considered in the absence of the defense lawyer, when his participation, according to law, was mandatory, or the defendant's right for defense was otherwise violated;
the defendant's right to use his mother tongue and an interpreter in court was breached; the defendant was deprived of the right to participate in the court argument;
the defendant was deprived of the right for the last word;
the principle of secrecy in making the verdict was breached;
there are no court session protocols in the case;
there is no descriptive and argumentative part in the verdict;
the jurisdiction if case investigation was breached.
Having found that the first instance court made breaches envisaged in paragraphs 2-11 of part 2 of this article, the appellate court turns down the verdict and adopts a new verdict, and in cases envisaged in paragraph 1, turns down the verdict and terminates the proceedings and criminal prosecution.
If the first instance court made another essential breach of procedural law, the appellate court conducts a court investigation, taking measures to eliminate the breaches, turns down the verdict of the first instance court and having taken the results of the investigation, makes a new verdict.
The appellate court turns down the verdict and sends the case for additional investigation, if breaches of procedural law were made which affected the objective, comprehensive and complete investigations of the case and which can not be eliminated by court investigation.

Article 55
Rights of persons during an investigation
1. In respect of an investigation under this Statute, a person:
(a) Shall not be compelled to incriminate himself or herself or to confess guilt;
(b) Shall not be subjected to any form of coercion, duress or threat, to torture or to any other form of cruel, inhuman or degrading treatment or punishment;
(c) Shall, if questioned in a language other than a language the person fully understands and speaks, have, free of any cost, the assistance of a competent interpreter and such translations as are necessary to meet the requirements of fairness; and
(d) Shall not be subjected to arbitrary arrest or detention, and shall not be deprived of his or her liberty except on such grounds and in accordance with such procedures as are established in this Statute.
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:
(a) To be informed, prior to being questioned, that there are grounds to believe that he or she has committed a crime within the jurisdiction of the Court;
(b) To remain silent, without such silence being a consideration in the determination of guilt or innocence;
(c) To have legal assistance of the person's choosing, or, if the person does not have legal assistance, to have legal assistance assigned to him or her, in any case where the interests of justice so require, and without payment by the person in any such case if the person does not have sufficient means to pay for it; and
(d) To be questioned in the presence of counsel unless the person has voluntarily waived his or her right to counsel.

Article 63
Trial in the presence of the accused
1. The accused shall be present during the trial.
2. If the accused, being present before the Court, continues to disrupt the trial, the Trial Chamber may remove the accused and shall make provision for him or her to observe the trial and instruct counsel from outside the courtroom, through the use of communications technology, if required. Such measures shall be taken only in exceptional circumstances after other reasonable alternatives have proved inadequate, and only for such duration as is strictly required.

Article 66
Presumption of innocence
1. Everyone shall be presumed innocent until proved guilty before the Court in accordance with the applicable law.
2. The onus is on the Prosecutor to prove the guilt of the accused.
3. In order to convict the accused, the Court must be convinced of the guilt of the accused beyond reasonable doubt.

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.