Section I

GENERAL PROVISIONS

Chapter 3

PARTICIPANTS TO THE PROCESS, THEIR RIGHTS AND DUTIES

Article 43. The accused and his/her rights

The accused has the right to: know what he/she is accused of; give testimonies related to the charges brought or refuse testifying and answering questions; have a defense counsel and meet him/her before the first examination; produce evidence; submit motions; review all records of the case after the completion of pre-trial investigation or inquiry; participate in the trial conducted by trial court; propose disqualifications; submit complaints against actions and decisions of the inquirer, investigator, prosecutor, judge, and court, and, with appropriate grounds present, have his/her security ensured.

The defendant has the right to the last statement.

Section I

GENERAL PROVISIONS

Chapter 3

PARTICIPANTS TO THE PROCESS, THEIR RIGHTS AND DUTIES

Article 43-1. Suspect

The suspect has the right to: know what he/she is suspected of; give testimonies or refuse testifying and answering questions; have a defense counsel and meet him/her before the first examination; produce evidence; submit motions and propose disqualifications; request that the court or prosecutor verify legality of the apprehension; submit complaints against actions and decisions of the officer who conducts operational-detective activities, inquirer, investigator, and prosecutor , and, with appropriate grounds present, have his/her security ensured.

Section II

INSTITUTING CRIMINAL PROCEEDINGS, INQUIRY, AND PRE-TRIAL INVESTIGATION

Chapter 10

INQUIRY

Article 107. Interrogation of those suspected of having committed a crime

A suspect is summoned and interrogated in compliance with rules laid down in Articles 134 – 136, 145, and 146 of the present Code.

If a suspect was apprehended or a measure of restraint in the form of custody was imposed thereon, he/she is interrogated immediately and, when such immediate interrogation is impossible, - not later than 24 hours after apprehension. Presence of a defense counsel is compulsory during such interrogation, except when the suspect waives the right to defense counsel and his/her waiver is accepted.

Before interrogation, the suspect should be advised of his/her rights set forth in Article 43-1 of the present Code, and informed on what crime he/she is suspected of, and an appropriate note thereof is entered in the record of interrogation.

(Article 107 as amended by virtue of the Decrees of the Presidium of the Verkhovna Rada No 6834-X ( 6834-10 ) of 16.04.84, by Laws 3780-XII ( 3780-12 ) of 23.12.93, No 2533-III ( 2533-14 ) of 21.06.2001 – effective from 29.06.2001 ).

Section II

INSTITUTING CRIMINAL PROCEEDINGS, INQUIRY, AND PRE-TRIAL INVESTIGATION

Chapter 12

BRINGING CHARGES AND INTERROGATION OF THE ACCUSED

Article 140. The way in which charges are brought

A defense counsel should necessarily be present during brining charges except when he/she waives the right to a defense counsel and such waiver is accepted.

Having made sure of the identity of the accused, investigator reads him/her out the decision to prosecute him/her as an accused, explains the substance of charges, and gives him/her a copy of the decision to prosecute him/her as an accused.

Investigator draws up the record that charges have been brought, substance of charges explained, and a copy of the decision to prosecute as an accused given, such record stating the hour and the day when charges were brought and being signed by the accused, investigator, and defense counsel.

If the accused refuses signing the record, investigator makes a note in the record that the accused refused to sign the record and states motives for such refusal and informs the prosecutor thereon.

Section II

INSTITUTING CRIMINAL PROCEEDINGS, INQUIRY, AND PRE-TRIAL INVESTIGATION

Chapter 12

BRINGING CHARGES AND INTERROGATION OF THE ACCUSED

Article 142. Advising the accused of his/her rights during investigation

1) be aware what he/she is charged of;

Article 55
Rights of persons during an investigation
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