'Rights during trial - unsworn oral or written statement in defence' in document 'Romania - Criminal Procedure Code'

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RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

TITLE III
EVIDENCE AND MEANS OF EVIDENCE

CHAPTER III
MEANS OF EVIDENCE

Section I
Statements of the accused person or the defendant

Art. 69 - The statements given by the accused person or defendant during the criminal trial may lead to the truth only to the extent to which they are corroborated with facts and circumstances resulted from all the evidence in the case.

TITLE III
EVIDENCE AND MEANS OF EVIDENCE

CHAPTER III
MEANS OF EVIDENCE

Section I
Statements of the accused person or the defendant

Art. 70 - Before being heard, the accused person or defendant is asked about his/her name, surname, nickname, date and place of birth, name and surname of parents, citizenship, education, military service, working place, occupation, address, criminal antecedents and other data necessary to determine his/her personal situation.

The accused person or defendant is then informed about the deed that makes the object of the case, the right to have a defender, as well as the right not to make any statement, at the same time being informed that everything he declares may be used against him/her as well. If the accused person or defendant makes a statement, he/she is asked to declare everything he/she knows related to the deed and to the accusation in connection to this.

If the accused person or defendant agrees to make a statement, the criminal investigation body, before hearing him/her, asks him/her to write personally a statement related to the guilt he is made responsible of.

TITLE III
EVIDENCE AND MEANS OF EVIDENCE

CHAPTER III
MEANS OF EVIDENCE

Section I
Statements of the accused person or the defendant

Art. 71 - Every accused person or defendant is heard separately.
During the criminal investigation, if there are several accused persons or defendants, each of them is heard without the others attending.

The accused person or defendant is first left to declare everything he/she knows in relation with the case.

The hearing of the accused person or defendant cannot begin by reading or reminding the statements that the latter has previously given in relation with the case.

The accused person or defendant cannot present or read a previously written statement, but he/ she may use notes for details that are difficult to remember.

RELEVANT ROME STATUTE PROVISIONS

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