Section I

GENERAL PROVISIONS

Chapter 3

PARTICIPANTS TO THE PROCESS, THEIR RIGHTS AND DUTIES

Article 48. Rights and duties of a defense counsel

1) have a confidential meeting with the suspect or the accused prior to the first examination and thereafter the same meetings without limitation of their number and length;

Section II

INSTITUTING CRIMINAL PROCEEDINGS, INQUIRY, AND PRE-TRIAL INVESTIGATION

Chapter 20

COMPLETING PRE-TRIAL INVESTIGATION

Article 219. Defense counsel’s rights during reviewing all records of the case

Defense counsel of the accused, when reviewing records of the case, shall have the right to: take notes, have confidential meeting with his/her client, advise the accused of the substance of charges, discuss the issue of filing petitions with the accused, produce evidence, propose challenges, challenge investigator and prosecutor’s actions and decisions.

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:
(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