Serbia

Criminal Procedure Code

Part Two
COURSE OF THE PROCEEDINGS

Chapter XVI
INVESTIGATION

1. Basic Provisions

Gathering of Evidence and other Materials by the Defence
Article 301

The suspect and his defence counsel may collect on their own evidence and materials for the benefit of the defence.

For the purpose of enforcing the right referred to in paragraph 1 of this Article, the suspect and his defence counsel are entitled :

1) to talk to a person who can provide them data that can be useful for the defence and to obtain from that person written statements and information, with his consent ;
2) to enter private premises or areas which are not open to the public, a dwelling or premises linked with a dwelling, with the consent of their holder ;
3) to take over from a legal or natural person objects and instruments and obtain information possessed by that person, with their consent, as well as with an obligation to issue that person a certificate with a list of the objects and instruments taken.

The authorisation referred to paragraph 2 item 1) of this Article does not relate to the injured party and persons already questioned by the police or public prosecutor.

The written statement and opinion referred to in paragraph 2 item 1) of this Article may be used by the defendant and his counsel during the questioning of a witness or a test of the authenticity of his statement, or for issuing a decision to question a certain person as a witness by the public prosecutor or the court.

Keywords

Fair trial standards
Rights during trial - adequate preparation of defence
Equality of arms



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