General Part

FIRST SECTION
Main Provisions

Chapter II
Purposes and basic principles of criminal proceedings

Article 19. Guarantee of the right to legal aid and the right to conduct one’s defence

19.7. The suspect or the accused may not be forced to give evidence, to give the prosecuting authority any documents or to assist them in any way.

General Part

FIRST SECTION
Main Provisions

Chapter II
Purposes and basic principles of criminal proceedings

Article 20. Incrimination of the suspect and his relatives

20.1. Nobody may be forced to testify against himself or his close relatives, or be prosecuted on this basis.

20.2.. During the investigation or court hearing, a person asked to give information which may incriminate him and his close relatives in respect of an offence shall have the right to refuse to incriminate them without fear of negative legal consequences for himself.

General Part

FIRST SECTION
Main Provisions

Chapter II
Purposes and basic principles of criminal proceedings

Article 21. Presumption of innocence

21.1. Any person suspected of committing an offence shall be found innocent if his guilt is not proven in accordance with this Code and if the court has not delivered a final judgment to that effect.

21.2. Even if there are reasonable suspicions as to the guilt of the person, this shall not cause the latter to be found guilty. The accused (the suspect) shall receive the benefit of any doubts which cannot be removed in the process of proving the charge in accordance with the provisions of this Code, within the appropriate legal proceedings. He shall likewise receive the benefit of any doubts which are not removed in the application of criminal law and criminal procedure legislation;

21.3 The accused shall not be obliged to prove his innocence. It shall be for the prosecution to prove the charge or to refute the evidence given in defence of the suspect or the accused.

General Part

FIRST SECTION
Main Provisions

Chapter II
Purposes and basic principles of criminal proceedings

Article 32 Participation of both sides in criminal proceedings

32.2. In order to guarantee participation of both sides in criminal proceedings in accordance with this Code :

32.2.3. The prosecution shall seek to prove the criminal act, the ingredients of the statutory offence, the involvement of the accused in committing this offence and the possible criminal responsibility of the accused, and shall offer suggestions as to the legal classification of the accused person’s act and the final decision of the court ;

General Part

SECOND SECTION
THE COURTS AND THE PARTIES TO CRIMINAL PROCEEDINGS

Chapter IX
THE DEFENCE

Article 90. The suspect

90.7. From the outset of detention or the decision on the choice of restrictive measure, the suspect shall exercise the following rights in accordance with this Code :

90.7.14. to participate in investigative or other procedures or to refrain from participating in them unless this is prohibited by another article of this Code ;

General Part

SECOND SECTION
THE COURTS AND THE PARTIES TO CRIMINAL PROCEEDINGS

Chapter IX
THE DEFENCE

Article 91. The accused

91.5. The accused shall exercise the following rights in accordance with this Code :

91.5.41. to be acquitted if the charge is not proved ;

General Part

SECTION THREE
EVIDENCE AND PROOF

Chapter XV
PROOF

Article 138. The concept of proof

138.2. The prosecutor shall be responsible for proving the grounds for the criminal responsibility of the accused and whether or not he is guilty.

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:
(i) Not to have imposed on him or her any reversal of the burden of proof or any onus of rebuttal