Chapter 1
General Provisions

Article 4
Presumption of Innocence

From the moment of the introduction of the penal action until when the criminal responsibility has been assessed by a final decision the person is presumed innocent. Therefore decisions involving deprivations ; or limitations of human rights must be strictly confined to the need of collecting evidence and establishing the truth.

Chapter 1
General Provisions

Article 5
Suspect and Accused

The suspect and the accused shall not undergo intimidations or any form of physical or psychological pressure.

Their statements shall be made in a condition of absolute moral freedom.

The suspect and the accused have the right to abstain from making any statement even when they are questioned by the relevant police or judicial authorities.

Chapter 1
General Provisions

Article 5
Suspect and Accused

The suspect and the accused shall not undergo intimidations or any form of physical or psychological pressure.

Their statements shall be made in a condition of absolute moral freedom.

The suspect and the accused have the right to abstain from making any statement even when they are questioned by the relevant police or judicial authorities.

The police, the Saranwal and the Court are duty bound to clearly inform the suspect and the accused before interrogation and at the time of arrest about his or her right to remain silent, right to representation at all times by defense counsel, and right to be present during searches, line-ups, expert examinations and trial.

Chapter 1
General Provisions

Article 6
Duration of Provisional Arrest

I. The terms for the duration of provisional detention following the arrest during the investigative phase are those established in article 36.

During the trial at the Primary level, the Court can extend the detention for two additional months ; during the trial at the appeal level the Court can extend the detention for another two months term ; during the trial before the Supreme Court the detention can be further extended by the same Court for additional five months.

Whether during the celebration of the above mentioned trials the related terms expire, the arrested person shall be released.

Chapter 2
Common Provisions for the Suspect and the Accused

Article 18
Defense Counsel

Legal assistance to the suspect and the accused requires the service of a qualified professional.

To this end an official register is established in the Ministry of Justice where only persons with a university degree in law or sharia can he included.

The suspect and the accused can be, in any case, assisted by a defense counsel of their choice.

Article 19
Legal Aid

1. The suspect or the accused be financially unable to appoint a defense attorney are entitled to have a free defense attorney appointed for him or her in the following manner :

a. The investigating Saranwal or the Court adjudicating the case, on the petition of the person, appoints a defense attorney for the destitute person from amongst the lawyers officially permitted to work as defense attorney.
b. The person for whom an attorney has been appointed reserves the right not to accept the appointed defense attorney and to defend himself in person.
c. The fees of the aforesaid attorney shall be paid from the State budget and its extent shall be fixed by regulation.

Article 20
Interpreter

The suspect or the accused who does not know the language used during the investigations and the trials or who is deaf, dumb or deaf and dumb shall be given an interpreter for, at least, explaining to him the charge and the indictment and for assisting him during the interrogations and confrontations.

Chapter 5
Duties and Jurisdiction of Judicial Police

Article 31
Judicial Police's Interrogation

The judicial police, after having identified the person arrested on their own initiative, inform him of the reasons of the arrest and interrogate the same about the crime and its circumstances within a maximum of twenty-four hours.

Immediately after a report shall be sent to the Primary Saranwal and the person shall be put at his disposal.

Chapter 6
Investigation Performed by the Saranwal

Article 38
Defense Counsel Presence

The defense counsel has the right to be present at all times during the interrogation of the suspect.

The suspect and the defense counsel have the right to be present during searches, confrontations, line-up procedures and expert examinations as well as during the trial.

Chapter 6
Investigation Performed by the Saranwal

Article 38
Defense Counsel Presence

In the investigation phase the Saranwal and the judicial police shall notify the suspect and his defense counsel of searches, confrontations, line-up procedures and expert examinations in order to allow them to be present. This duty can be waived only when there is an urgent need to conduct the said operations, which is defined as when it is a flagrante delicto crime or there is a fear of the loss of evidential facts.

Chapter 7
Notification of the Deeds and Representations During the Investigations

Article 40
Notification on the suspect

During the investigations the judicial police and the Saranwal shall give notifications of the deeds to the suspect to his defense counsel and the victim of the activities to be accomplished, to which they have the right to be present.

Chapter 8
The Trial

Article 43
Access of the Accused to the Findings of the Investigation

The accused and his defense counsel are entitled to examine the documents contained in the file mentioned in the last paragraph of article 39 and the objects under seizure.

Chapter 8
The Trial

Article 45
Accused's Obligation to Appear

The accused, either under detention or at liberty, shall be obliged to appear before the court when confrontations or experiments involving his physical presence are scheduled.

The accused at liberty refusing to appear in the instances indicated in the previous paragraph shall be accompanied by the police.

Chapter 8
The Trial

Article 46
Trial in Absence of the Not Found Accused

When it has not been possible to serve the notifications on the accused in any of the forms provided for in article 17, because none of the places there indicated are known, the Court shall issue a decree stating that the accused cannot he found, appointing a defense counsel for him.

Later on the notifications shall be served on the defense counsel.

Notifications made in this way are valid to all intents and purposes. The accused that cannot be found is represented by the defense counsel.

The decree indicated in the first paragraph ceases to take effect at the end of the degree in which has been issued and shall be re-issued in each of the following degrees.

Every decree must be preceded by a new search in the places indicated in article 17.

Article 47
Trial in Absence of the Summoned Accused

When the notification indicated in article 42 has been delivered to the accused and he does not appear, the judge appoints a defense counsel for him.

Notifications continue to be served on the accused following the provisions of article 17.

Chapter 8
The Trial

Article 51
Admission of Witnesses and Experts

The accused and/or his defense counsel have the right to present their own lists of witnesses and experts indicating the reasons of the relevance of their testimony and exams.

The Court can exclude those witnesses or experts that in its view. do not appear material for the. adjudication of the case.

Chapter 8
The Trial

Article 52
Order of the Hearing

The Primary Saranwal, the accused and his defense counsel have the right to be always present.

Chapter 8
The Trial

Article 52
Order of the Hearing

The accused that with his behavior disrupts the proceedings can be excluded by the Court for part or all the duration of the hearing. He is anyhow readmitted in the room when the verdict is read out.

Chapter 8
The Trial

Article 53
Conduct of the Hearing

The accused and his defense counsel have the right to be present.

Chapter 8
The Trial

Article 53
Conduct of the Hearing

When the accused is under detention the Court shall immediately assess the legality of the arrest and order the liberation of the accused when realizes that the arrest was unlawful or not necessary ;

Chapter 8
The Trial

Article 53
Conduct of the Hearing

The accused can testify if he does not avail himself of the right to remain silent and the accused or his defense counsel can ask questions to the witnesses and the experts ;

Chapter 8
The Trial

Article 53
Conduct of the Hearing

The accused can refuse to answer the questions of the Court consitent with his right to remain silent.

Chapter 8
The Trial

Article 54
Exemption from Testimony

Spouses have the right not to give evidence against each other, even though their marital relation be ended.

The accused's ancestors and descendants and their relatives of second degree have the right to avoid testifying against one another except when :
the charge legally attributed to the accused is not committed against the witness himself ; or
they reported the criminal offense.

Chapter 8
The Trial

Article 56
Concurrent Crimes and Circumstances

If from the deeds of the investigations or during the trial it results that there are alleged additional crimes and/or facts contributing as aggravating, circumstances which have not been included in the act of indictment the Court, at the request of the Primary Saranwal, makes the related accusation to the accused and/or to his defense counsel, when present, giving them adequate time to prepare the defense.

Chapter 8
The Trial

Article 57
Different Definition of the Crime

When the Court deems that the crime is to he given a different definition from that indicated in the act of indictment on the basis of the same facts and circumstances included in the accusation shall grant the accused and the defense counsel a time allowance for presenting a defense vis-a-vis the change in the definition.

Chapter 8
The Trial

Article 59
Decision of the Court

The accused tried in absentia, in the case of article 47, shall receive notification of the decision read out by the Court together with the reasons deposited later on in the office of the secretary of the Court.

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.