Part Two
COURSE OF THE PROCEEDINGS
Chapter XV
PRE-INVESTIGATION PROCEEDINGS
2. Authority of the Authorities Conducting Pre-investigation Proceedings
Questioning the Suspect
Article 289
When the police collect information from a person for whom there exist grounds for suspicion that he is the perpetrator of a criminal offence, or undertake towards that person actions in the pre-investigation proceedings stipulated by his Code, they may summon him only in the capacity of a suspect. The suspect will be advised in the summons that he is entitled to obtain a defence counsel.
If during collection of information the police find that the citizen summoned may be deemed a suspect, they are required to advise him immediately of the rights referred to in Article 68 paragraph 1 items 1) and 2) of this Code and of the right to obtain a defence counsel who will attend his questioning.
The police will notify the competent public prosecutor without delay about acting within the meaning of the provisions of paragraphs 1 and 2 of this Article. The public prosecutor may conduct the suspect’s questioning, attend the questioning or assign the questioning to the police.
If the suspect agrees to make a statement, the authority conducting the questioning will act in accordance with the provisions of this Code relating to the questioning of a defendant provided that the consent of the suspect to be questioned and his statement during the questioning are given in the presence of his defence counsel. The transcript of this questioning is not excluded from the files and may be used as evidence in criminal proceedings.
If the public prosecutor is not present at the questioning of a suspect, the police will deliver to him without delay the transcript of the questioning.
Other forms of cooperation
Taking of evidence - national proceedings
Questioning of persons - national proceedings
Examination of witnesses - national proceedings
EDIT.