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 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 12

BRINGING CHARGES AND INTERROGATION OF THE ACCUSED

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

8) have a defense counsel and meet him/her before the first interrogation;

Section II

INSTITUTING CRIMINAL PROCEEDINGS, INQUIRY, AND PRE-TRIAL INVESTIGATION

Chapter 12

BRINGING CHARGES AND INTERROGATION OF THE ACCUSED

Article 143. Interrogation of the accused

Investigator is required to interrogate the accused immediately after his/her appearance or compulsory appearance under law and in any case not later than 24 hours after charges have been brought.

Interrogation of the accused, save exceptional circumstances, should be conducted in daytime.

A defense counsel may be present during interrogation upon the consent of the accused and, in cases referred to in Article 45 of the present Code, defense counsel’s presence is mandatory.

The accused is interrogated in the place where pre-trial investigation is conducted and, if necessary, - in the place where the accused stays.

Several accused are interrogated separately. In such a case, investigator should take measures so that the persons accused in one and the same case could not communicate among them.

At the beginning of interrogation, investigator asks the accused whether he/she pleads guilty of charges brought and then invites him/her give testimonies in respect of merits of charges.

Investigator hears testimonies of the accused and, if necessary, asks him/her questions. It is not permitted to ask questions containing a reply, a part of reply, or prompting a reply (leading questions).

Section IX

SURRENDER OF THE PERSON (EXTRADITION)

Chapter 37

SURRENDER OF THE PERSON (EXTRADITION)

Article 459. Features of participation of the defender in the course of surrender of the person (extradition)

The body of inquiry, which has detained such person, can appoint the defender in cases and according to the procedure, provided by this Code, through bar association. The requirement on appointment of the defender is binding for the head of bar association.

Section IX

SURRENDER OF THE PERSON (EXTRADITION)

Chapter 37

SURRENDER OF THE PERSON (EXTRADITION)

Article 463. Extradition arrest

Upon the complaint of the person against whom temporary arrest is applied, his defender or the lawful representative the judge of jurisdiction the person is holding in custody checks out existence of the bases for discharging of such person not more than once in a month.

If the maximum term of extradition arrest provided by paragraph 7 of this article expires, and a question concerning surrender of the person (extradition) and its actual surrender is not solved by the central body, the person shall be immediately discharged.

Discharging of the person from extradition arrest by the court does not interfere with its reapplication for the purpose of actual surrender of the person to foreign state for execution of the decision on surrender except as otherwise provided by the international treaty of Ukraine.

In case of discharging of the person by the court, the public prosecutor in oblast or his deputy by agreement with the corresponding central body passes ruling on application of other necessary measures aimed at prevention of flight of the person and providing of his surrender.

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:
(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