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).

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:
(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