PART I
GENERAL PROVISIONS

CHAPTER TWO
TASKS AND PRINCIPLES OF CRIMINAL PROCEEDING

Article 17. Executing Judicial Proceedings Based on Equality of Parties and Adversarial Principles

17.1. The judicial examination shall be based on adversarial litigation between prosecuting and
defending parties with equal rights.

PART I
GENERAL PROVISIONS

CHAPTER TWO
TASKS AND PRINCIPLES OF CRIMINAL PROCEEDING

Article 17. Executing Judicial Proceedings Based on Equality of Parties and Adversarial Principles

17.3. Defense counsels shall use all the tools provided by law in order to defend the defendant and
render legal assistance.

17.4. The parties shall be equal in participating in the analysis of the evidence, submitting requests,
and expressing their opinions regarding any aspects relevant to the case.

PART VIII
COURT ACTIVITIES

CHAPTER THIRTY TWO
GENERAL CONDITIONS OF THE JUDICIAL SESSION

Article 238. Equality of Rights of Participants in Judicial Session

238.1. The state prosecutor, defendant, and defense counsel, as well as a victim, civil plaintiff, civil
defendant, and their representatives shall enjoy equal rights in presenting a request and an evidence, in participating in their analysis and in making speeches.

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.