CRIMINAL PROCEDURE CODE 2009

Part one – GENERAL PROVISIONS

Chapter I - PRELIMINARY PROVISIONS

Article 3
(1) A person is innocent and no one may hold him culpable of a criminal offence until the culpability is established by a final judgement.

CRIMINAL PROCEDURE CODE 2009

Part one – GENERAL PROVISIONS

Chapter I - PRELIMINARY PROVISIONS

Article 4

(1) The court shall ensure equal possibilities for establishing evidence at the hearing to the party and the defence counsel pursuant to this Act.

CRIMINAL PROCEDURE CODE 2009

Part one – GENERAL PROVISIONS

Chapter I - PRELIMINARY PROVISIONS

Article 4

(3) The State Attorney's office, the investigator and the police authority shall explicate the suspicion of a criminal offence, for which the public prosecution is undertaken, independently and without bias. These authorities shall be bound to collect data on the guilt and innocence of the defendant with equal solicitude.

CRIMINAL PROCEDURE CODE 2009

Part one – GENERAL PROVISIONS

Chapter I - PRELIMINARY PROVISIONS

Article 5

(1) The defendant shall have the right to defend himself in person or be assisted by a defence counsel of his own choice retained from the ranks of the Bar. Subject to the provisions of this Act, if the defendant does not retain a defence counsel, in order to provide for his defence, a defence counsel shall be appointed to the defendant.

(2) Under the conditions stipulated by this Act, if the defendant has insufficient means to retain a defence counsel, the defence counsel shall be appointed to the defendant at his request and paid from the budget funds.

(3) The court or other authorities participating in criminal proceedings shall inform the defendant of his right to a defence counsel and to unimpeded communication with the defence counsel before the interrogation.

(4) The defendant must be accorded adequate time and opportunity to prepare his defence.

CRIMINAL PROCEDURE CODE 2009

Part one – GENERAL PROVISIONS

Chapter I - PRELIMINARY PROVISIONS

Article 7

(2) A person arrested under suspicion of having committed a criminal offence shall be promptly informed of:

1) the reasons for his arrest in a way that he can understand,
2) that he is under no obligation to testify,
3) that he is entitled to legal assistance of a defence counsel of his own choice,
4) that the competent authority shall upon his request inform his family or another person designated by the defendant that he is under arrest.

CRIMINAL PROCEDURE CODE 2009

Part one – GENERAL PROVISIONS

Chapter I - PRELIMINARY PROVISIONS

Article 8

(2) The parties, witnesses and other procedural participants shall have the right to use their own language. If proceedings are not carried out in their language, the interpretation of statements and the translation of documents and other written evidence shall be provided. The interpretation and translation shall be carried out by an interpreter.

CRIMINAL PROCEDURE CODE 2009

Part one – GENERAL PROVISIONS

Chapter I - PRELIMINARY PROVISIONS

Article 11

(1) The defendant shall have the right to be brought before the competent court to decide on the charges in the shortest possible time. The duration of investigative detention or other measures of depriving or limiting freedom of the defendant shall be limited to the shortest time necessary.

CRIMINAL PROCEDURE CODE 2009

Part one – GENERAL PROVISIONS

Chapter I - PRELIMINARY PROVISIONS

Article 11

(2) The proceedings shall be conducted without delay and the court and other state authorities shall be bound to prevent any abuse of the rights of the procedural participants. In proceedings in which the defendant has temporarily been deprived of freedom, the court and state authorities shall proceed with special expedition.

(1) In criminal proceedings, the defendant shall have the right to:

1. before the interrogation or any other action regulated by this Act, be dully informed of the grounds for the suspicion that he has committed the offence he is being charged with;

2. freely testify, refuse to testify completely or refuse to answer a posed question,

3. plead not guilty,

4. retain a defence counsel of his own choice,

5. be appointed a defence counsel in cases prescribed by this Act,

6. communicate freely with his defence counsel without supervision unless, by way of an exception, the
court or the State Attorney orders supervision,

7. have the defence counsel present, or must have the defence counsel present in cases prescribed by law, at his interrogation,

8. inspect, copy, record files and objects which serve as evidence, pursuant to this Act,

9. suggest evidence,

10. participate in evidentiary and other procedural actions in accordance with this Act,

11. make a motion for certain actions, a petition rendering of rulings and file motions in the proceedings,

12. use his native language in the proceedings and be provided with an interpreter in accordance with this Act,

13. appeal to the indictment;

14. participate in the examination session of the indictment,

15. plead guilty and communicate about the sanction,

16. participate at the hearing and evidentiary hearing;

17. propose judicial remedies and other legal means.

2 Defence Counsel

Article 72

(1) When no conditions for mandatory defence exist, the court may, if the special circumstances of the case justify it, assign a defence counsel to the defendant at his request if he, due to his financial situation, is unable to pay the defence costs.

(2) A request for the assignment of a defence counsel according to paragraph 1 of this Article may be made only after the indictment has been preferred for the offence for which a sentence of imprisonment to five years or longer is prescribed. The investigating judge, the president of the panel or the single judge shall decide on the defendant’s request. The defence counsel shall be assigned by the decision of the president of the court. An appeal against the decision shall not be allowed.

CRIMINAL PROCEDURE CODE 2009

Part one – GENERAL PROVISIONS

Chapter VI - DEFENDANT AND DEFENCE COUNSEL

2 Defence Counsel

Article 75

(1) The arrested person shall have the right to communicate freely and without obstructions with his defence counsel as soon as the arrested person retained a defence counsel, or as soon as the decision on assigning a defence counsel is made.

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.