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

3) produce evidence;

Section III

PROCEEDINGS IN TRIAL COURT

Chapter 24

TRIAL GENERAL PROVISIONS

Article 263. Defendant’s rights during trial

3) submit petitions and express his/her opinion with regard to petitions of other participants to trial;
4) produce evidence, request that the court attach documents to the records of the case, cite witnesses, assign expert examination and direct to submit other proofs;

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