Section I

GENERAL PROVISIONS

Chapter 1

BASIC PROVISIONS

Article 21. Ensuring right to defense to the suspect, accused, and defendant

Right to defense is ensured to the suspect, accused, and defendant.

Inquirer, investigator, prosecutor, judge, and court, before the first examination of the suspect, accused, and defendant, are required to advice them of the right to have a defense counsel and draw up an appropriate record thereon, as well as provide the suspect, accused, and defendant the possibility to defend themselves with legal remedies from the charge brought and ensure protection of their personal and property rights.

Section III

PROCEEDINGS IN TRIAL COURT

Chapter 24

TRIAL GENERAL PROVISIONS

Article 263. Defendant’s rights during trial

2) have a defense counsel or to defend himself/ herself;

Section III

PROCEEDINGS IN TRIAL COURT

Chapter 24

TRIAL GENERAL PROVISIONS

Article 266. Defense counsel’s participation in trial

Defense counsel assists the defendant in his/her realizing his/her rights and in defending his/her lawful interests. Defense counsel has the right to meet the defendant, participate in examination of evidence, file petitions with court to request obtaining and attaching new evidence to records of the case, such evidence acquitting the defendant or mitigating his/ her liability, lodge other petitions, express his/her opinion with regard to petitions lodged by other participants to trial.

Defense counsel participates in court pleadings and expresses his/her opinion with regard to importance of verified evidence for the case, to the presence of circumstances which acquit the defendant or mitigate his/her liability, as well as states his/her considerations in respect of application of criminal statute to, and sanction against, the defendant.

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:
(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