General Part
FIRST SECTION
Main Provisions
Chapter II
Purposes and basic principles of criminal proceedings
Article 19. Guarantee of the right to legal aid and the right to conduct one’s defence
19.1. During the criminal prosecution the preliminary investigator, investigator, prosecutor and court shall take measures to guarantee the right of the victim, the suspect and the accused to proper legal aid.
19.2. During the criminal proceedings the prosecuting authority shall secure the right of the victim (victim bringing a private prosecution), the civil party or his legal representative, the legal representative of the suspect or accused and the defendant to the civil claim to use the legal aid of the representatives invited by them.
19.3. During the questioning of the victim or witnesses, the prosecuting authority may not prevent the lawyer invited by them as their representative from accompanying them.
19.4. The prosecuting authority shall secure the following rights of the suspect or accused :
19.4.1. to have the assistance of the counsel for the defence from the moment of detention or arrest, as the suspect before the first interrogation or as the accused as soon as charges have been laid ;
19.4.2. to explain his rights ;
19.4.3. to give him adequate time and opportunity to prepare his defence ;
19.4.4. to be able to defend himself in person or with the aid of counsel for the defence chosen by him or, if unable to pay for defence counsel, to receive free legal aid ;
19.4.5. to interrogate any witness against him.
19.5. The prosecuting authority shall involve the legal representative of the suspect or the accused in the manner provided for in this Code.
19.6. The presence of counsel for the defence or the legal representative of the suspect or the accused at the criminal proceedings may not limit the rights of the suspect or the accused.
19.7. The suspect or the accused may not be forced to give evidence, to give the prosecuting authority any documents or to assist them in any way.
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