GENERAL PART

SECTION ONE. BASIC PROVISIONS

CHAPTER 2. PRINCIPLES OF CRIMINAL PROCEEDINGS

Article 19. Public Hearing on Criminal Case

A hearing on criminal case shall be public, except for the instances inconsistent with the reasons of protection of state secrets, or connected with hearing on sexual crimes.

In camera hearing shall be permitted on juvenile crimes, as well as on other cases, when it is required to prevent disclosure of private or degrading information, and to ensure security of a victim, witness or other party in the case, as well as their family members or immediate relatives.

Private postal and telephone correspondence can be disclosed during the open court hearing only upon the consent of the sender and receiver. Otherwise they shall be disclosed and examined in the in
camera hearing.

In camera hearing shall be conducted with observance of all procedural rules. A court may render a finding may on in camera hearings for the entire case or a part thereof. The finding shall concern the general public only and not be applied to the participants of the proceedings.

A court may allow immediate relatives of a defendant and victim, as well as other persons concerned, to attend in camera sessions, after warning them of the liability for disclosure of the circumstances revealed therein.

The court may prohibit certain persons to attend a public court hearing for keeping order in the courtroom. Audio, photo, and video recording in the courtroom shall be allowed by the presiding judge only. Sentences, findings, and rulings of a court shall be read out publicly, both in public and in camera
hearings.

For enhancing publicity in administration of justice, the court may, if needed, notify mass media, public organization and groups concerned on hearings to be conducted, as well as conduct the hearings at the premises of enterprises, institutions, and organizations.

GENERAL PART

SECTION TWO. PARTICIPANTS IN CRIMINAL PROCEEDINGS

CHAPTER 5. PARTIES TO CRIMINAL PROCEEDINGS. DEFENSE COUNSELS AND REPRESENTATIVES

Article 46. Rights and Obligations of Accused

An accused shall have the right: to be informed of charges against him; to give testimony and provide explanations about the charge brought against him or on other circumstances of the case; to use his native language or to use the assistance of an interpreter/translator; to use assistance of a defense counsel and to have meetings with him in private; to enjoy the right to defend himself independently; to file motions and challenges; to introduce evidences; to participate, with the permission of the inquiry officer or investigator, in investigative actions; to get familiarized, upon completion of the pretrial investigation, with the whole criminal case file and to write out required information; to raise objections to dismissal of the criminal case by the investigator or the prosecutor, and demand court hearing; to participate in the hearings at courts of reconciliation, of first instance, and of appeal, and, with the discretion of the court, in the courts of review and of supervision; to bring complaints against actions and decisions of the inquiry officer, investigator, prosecutor, or the court; to get familiarized with the official records of the court session and to submit comments on them; to be informed of any protests, appeals, and cassation complaints on the case, and challenge them. The accused shall have a right to the last plea. (As amended by the Law of 14.12.2000 and by the Law of 29.08.2001).

An accused shall be obliged: to appear upon summons of an inquiry officer, investigator, prosecutor and court; not to evade from participation at the pretrial investigation and court hearing; not to impede establishment of the issue by destruction or forgery of evidences, by persuasion of witnesses and by other illegal acts; to abide and satisfy the enforced restraint; not to impede enforcement of the resolutions of the inquiry officer, investigator, prosecutor, and of the findings of the court on examination, obtaining samples for the expert examination, hospitalization for forensic medical examination, and the other procedural rulings envisaged by this Code; to obey to the order during the investigation of the case and the court hearing.

An accused may be imposed to give testimony, as well as to prove his innocence or other circumstance of the case.

GENERAL PART

SECTION TWO. PARTICIPANTS IN CRIMINAL PROCEEDINGS

CHAPTER 5. PARTIES TO CRIMINAL PROCEEDINGS. DEFENSE COUNSELS AND REPRESENTATIVES

Article 48. Rights and Obligations of Suspect

A suspect shall have the right: to be informed what he is suspected of; to demand to be questioned no later than twenty four hours from the moment of the apprehension; to give testimony regarding the suspicion against him or other circumstances of the case; to use his native language or to use the assistance of an interpreter/translator; to have assistance of a defense counsel from the moment of declaring him the resolution on prosecution him as a suspect, or after the apprehension; to have meeting with the counsel confidentially; to enjoy the right to defend independently; to file motions and challenges; to participate in the hearings in court of reconciliation; to bring complaints against actions and decisions of the inquiry officer, investigator, prosecutor, or court. (As amended by the Law of 15.04.1999 and of 29.08.2001).

A suspect shall be obliged: to appear upon the summons of the inquiry officer, investigator, prosecutor, and court; not to evade from participation in pretrial investigation and court hearing; not to impede establishment of the issue by destruction or forgery of evidences, by persuasion of witnesses, and by other illegal acts; not to impede enforcement of the resolution of the inquiry officer, investigator, and prosecutor on examination, obtaining samples for expert examination, hospitalization for forensic medical examination, and the other rulings envisaged by this Code; to obey the order during investigation of the case.

A suspect cannot be imposed to give testimony, as well as to prove his non-implication or any other circumstance of the case.

Article 55
Rights of persons during an investigation
1. In respect of an investigation under this Statute, a person:
(a) Shall not be compelled to incriminate himself or herself or to confess guilt;
(b) Shall not be subjected to any form of coercion, duress or threat, to torture or to any other form of cruel, inhuman or degrading treatment or punishment;
(c) Shall, if questioned in a language other than a language the person fully understands and speaks, have, free of any cost, the assistance of a competent interpreter and such translations as are necessary to meet the requirements of fairness; and
(d) Shall not be subjected to arbitrary arrest or detention, and shall not be deprived of his or her liberty except on such grounds and in accordance with such procedures as are established in this Statute.
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:
(a) To be informed, prior to being questioned, that there are grounds to believe that he or she has committed a crime within the jurisdiction of the Court;
(b) To remain silent, without such silence being a consideration in the determination of guilt or innocence;
(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; and
(d) To be questioned in the presence of counsel unless the person has voluntarily waived his or her right to counsel.

Article 63
Trial in the presence of the accused
1. The accused shall be present during the trial.
2. If the accused, being present before the Court, continues to disrupt the trial, the Trial Chamber may remove the accused and shall make provision for him or her to observe the trial and instruct counsel from outside the courtroom, through the use of communications technology, if required. Such measures shall be taken only in exceptional circumstances after other reasonable alternatives have proved inadequate, and only for such duration as is strictly required.

Article 66
Presumption of innocence
1. Everyone shall be presumed innocent until proved guilty before the Court in accordance with the applicable law.
2. The onus is on the Prosecutor to prove the guilt of the accused.
3. In order to convict the accused, the Court must be convinced of the guilt of the accused beyond reasonable doubt.

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.