Serbia

Criminal Procedure Code

Part Two
COURSE OF THE PROCEEDINGS

Chapter XV
PRE-INVESTIGATION PROCEEDINGS

2. Authority of the Authorities Conducting Pre-investigation Proceedings

Questioning the Arrested Person
Article 293

The public prosecutor is required to advise an arrested person brought before him about the rights referred to in Article 69 paragraph 1 of this Code and to make it possible for him to use a telephone or other electronic message communicator, in his presence, to notify a defence counsel directly or through members of the family or a third person whose identity must be revealed to the public prosecutor, and if necessary also to assist him to find a defence counsel.

If the arrested person does not secure the presence of a defence counsel within 24 hours of the time when it was made possible to him within the meaning of paragraph 1 of this Article, or declares that he does not wish to obtain a defence counsel, the public prosecutor is required to question him without delay.

If in the case of mandatory defence (Article 74) the arrested person does not obtain a defence counsel within 24 hours of the time he was advised of this right or declares that he will not obtain a defence counsel, an ex officio defence counsel will be appointed for him.

Immediately after the questioning, the public prosecutor will decide whether to release the arrested person or request that the judge for the preliminary proceedings order detention.

Acting on a request of the arrested person or his defence counsel, a member of the family of the arrested person or the person with whom the arrested person is living in a common law marriage or other permanent personal association, or ex officio, the public prosecutor may order the arrested person to be examined by a physician.

The public prosecutor will attach to the files the decision determining the physician who will conduct the examination and a transcript of the questioning of the physician.

Keywords

Fair trial standards



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