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

4) apply for interrogation of witnesses, confrontation, expert examination, obtainment of documents and their attachment to records of the case, submit petitions relating to all other matters which have an importance for establishing the truth in the case;

Section II

INSTITUTING CRIMINAL PROCEEDINGS, INQUIRY, AND PRE-TRIAL INVESTIGATION

Chapter 14

INTERROGATING A WITNESS AND A VICTIM

Article 167. Interrogating a witness

If the witness came for interrogation with the defense counsel, the defense counsel is entitled to be present during the interrogation; to give advice to the witness in the presence of the investigator, if the actual circumstances of the case can be used to prosecute witness personally or his/her family members or close relatives; to ask questions with the permission of the investigator, which should be entered on the record of interrogation to clarify and supplement his/her answers; to object to the illegal actions of the investigator concerning his/her conduction of interrogation with reference to the rule of law which is violated, that is to be included into the record of interrogation; to challenge actions of the investigator in the manner prescribed by this Code, if the nature and content of the questions shows that the witness should be interrogated as a suspect.

Section III

PROCEEDINGS IN TRIAL COURT

Chapter 24

TRIAL GENERAL PROVISIONS

Article 263. Defendant’s rights during trial

5) give testimonies as to the merits of the case at any time during trial examination or waive giving testimonies and answering questions;

Section III

PROCEEDINGS IN TRIAL COURT

Chapter 24

TRIAL GENERAL PROVISIONS

Article 263. Defendant’s rights during trial

1) put questions to other defendants, witnesses, expert, specialist, victim, civil plaintiff, and civil defendant ;

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.

Section III

PROCEEDINGS IN TRIAL COURT

Chapter 26

EXAMINATION DURING TRIAL

Article 303. Examining a witness

Throughout the entire examination of the witness by participants to trial, the court may ask the witness questions to clarify and supplement his/her answers.

Section III

PROCEEDINGS IN TRIAL COURT

Chapter 26

EXAMINATION DURING TRIAL

Article 303. Examining a witness

Defendant and participants to trial may ask the witness questions.

Section III

PROCEEDINGS IN TRIAL COURT

Chapter 26

EXAMINATION DURING TRIAL

Article 304. Additional examination or re-examination of a witness

Each participant to trial may ask witness additional questions in order to clarify or supplement answers given to questions of other persons.

Every witness may be additionally examined or re-examined in the presence of other witnesses who have been already examined or during confrontation.

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:
(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