Section I

GENERAL PROVISIONS

Chapter 1

BASIC PROVISIONS

Article 16-1. Adversariality and optionality of proceedings

Courts try cases on the basis of adversariality of proceedings.

While conducting a case trial, the functions of prosecution, defense and ruling the case may not be imposed on the same body or person.

The government in court is represented by a prosecutor. In cases specified in the present Code, the
victim or his/her representative conducts prosecution.

The defense of a defendant is maintained by the defendant himself/herself, by the defense counsel or legal representative of the latter.

Procurator, defendant, his/her defense counsel or legal representative, victim, civil plaintiff, civil defendant and their representatives participate in court session as parties and enjoy equal rights and freedom in producing evidence, examining it and proving its validity before court.

The court, while keeping objectivity and impartiality, creates necessary conditions for the parties to fulfill their procedural obligations and enjoy the rights granted thereto.

The function of trying a case is imposed on court.

Section III

PROCEEDINGS IN TRIAL COURT

Chapter 24

TRIAL GENERAL PROVISIONS

Article 261. Equal rights of parties to trial

The prosecution (prosecutor, victim, civil plaintiff and their representatives) and the defense (defendant, defense counsel and legal representative, civil defendant and his/her representative) enjoy equal rights to propose disqualifications and motions, produce evidence, participate in examination thereof and prove cogency of evidence, speak in debates, challenge court’s decisions.

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:
(a) To be informed promptly and in detail of the nature, cause and content of the charge, in a language which the accused fully understands and speaks;
(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;
(c) To be tried without undue delay;
(d) Subject to article 63, paragraph 2, to be present at the trial, to conduct the defence in person or through legal assistance of the accused’s choosing, to be informed, if the accused does not have legal assistance, of this right and to have legal assistance assigned by the Court in any case where the interests of justice so require, and without payment if the accused lacks sufficient means to pay for it;
(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;
(f) To have, free of any cost, the assistance of a competent interpreter and such translations as are necessary to meet the requirements of fairness, if any of the proceedings of or documents presented to the Court are not in a language which the accused fully understands and speaks;
(g) Not to be compelled to testify or to confess guilt and to remain silent, without such silence being a consideration in the determination of guilt or innocence;
(h) To make an unsworn oral or written statement in his or her defence; and
(i) Not to have imposed on him or her any reversal of the burden of proof or any onus of rebuttal.
2. In addition to any other disclosure provided for in this Statute, the Prosecutor shall, as soon as practicable, disclose to the defence evidence in the Prosecutor’s possession or control which he or she believes shows or tends to show the innocence of the accused, or to mitigate the guilt of the accused, or which may affect the credibility of prosecution evidence. In case of doubt as to the application of this paragraph, the Court shall decide.