General Part
SECOND SECTION
THE COURTS AND THE PARTIES TO CRIMINAL PROCEEDINGS
Chapter IX
THE DEFENCE
Article 91. The accused
91.1. The individual whom the investigator, prosecutor or court decides to charge shall be referred to as the accused.
91.2. A person who is charged with having committed a criminal offence unwittingly or when under age shall also be considered as the accused. Besides the additions and exceptions provided for in this Code, he shall also have the rights and duties of the accused.
91.3. The person shall no longer be considered as the accused from the time when the prosecution against him is discontinued.
91.4. The investigator, prosecutor or court shall guarantee the rights of the accused, shall not prevent him from exercising his right of defence by all lawful means and methods and, if he so requests, shall allow him sufficient time for the preparation of his defence.
91.5. The accused shall exercise the following rights in accordance with this Code :
91.5.1. to know what he is accused of (content, factual description and legal classification of the charge) and to receive a copy of the corresponding decision immediately after the charge is brought, the accused is remanded in custody or the decision on the choice of restrictive measure is announced ;
91.5.2. to receive written notification of his rights from the person who detained or arrested him or from the preliminary investigator, investigator or prosecutor ;
91.5.3. to acquaint himself with the record of detention and arrest immediately after it is drawn up and to make observations for inclusion in the record ;
91.5.4. to have defence counsel from the time of the arrest or the announcement of the charge ;
91.5.5. to have the help of defence counsel free of charge ;
91.5.6. to inform his family, relatives, home, workplace or place of study immediately after detention, by telephone or other means ;
91.5.7. to choose his defence counsel independently, to dismiss counsel and to conduct his own defence if he waives the right to defence counsel ;
91.5.8. to have unlimited opportunities and time to meet his defence counsel in private and in confidence ;
91.5.9. to be questioned at his own request with his defence counsel present ;
91.5.10. to give statements, not to incriminate himself or his relatives and in general to refuse to testify as well as to give or refuse to give statements concerning the charge against him ;
91.5.11. to give statements in his mother tongue or in a language he knows ;
91.5.12. to have the help of an interpreter free of charge ;
91.5.13. to raise objections and to submit applications ;
91.5.14. to participate in investigative or other procedures or to refrain from participating in them unless this is prohibited by another provision of this Code ;
91.5.15. to participate in investigative or other procedures conducted at his own request with the help of his defence counsel ;
91.5.16. to present evidence and other material for inclusion in the case file and examination by the court ;
91.5.17. to plead guilty or not guilty ;
91.5.18. to object to the acts of the prosecuting authority and to have such objections noted in the records of investigative and other procedures ;
91.5.19. to acquaint himself with the records of investigative or other procedures in which he takes part, to make observations on the accuracy and completeness of the written record, and when participating in investigative or other procedures and in court hearings, to require the inclusion of the necessary circumstances in the appropriate record ;
91.5.20. to take cognisance of decisions on expert reports and of the experts’ opinions ;
91.5.21. to take cognisance of documents presented to the court by the prosecuting authority confirming that the arrest and detention on remand are lawful and justified ;
91.5.22. to take cognisance of the case file from the end of the investigation or the discontinuation of the criminal proceedings and to make copies of the necessary documents relating to it ;
91.5.23. to object to the discontinuation of the criminal proceedings without grounds of acquittal ;
91.5.24. to demand a public hearing within a reasonable time ;
91.5.25. to participate in court hearings at first instance and on appeal and in the examination of the case file ;
91.5.26. to participate in the selection of jurors in the court hearing at first instance ;
91.5.27. when conducting his own defence, to make an introductory statement (pleading either guilty or not guilty of the charge against him and stating whether or not he recognises the civil claim), to speak and to reply at hearings of first instance and appeal courts ;
91.5.28. to make a final statement in court ;
91.5.29. to be informed by the prosecuting authority of the decisions which affect his rights and legal interests and, on request, to receive copies of those decisions, including those concerning the choice of restrictive measure, the conduct of investigative or other coercive procedural measures, the charging of the accused and the announcement of the charge, and copies of the indictment, civil claim, judgment, other final decisions of the court and complaints and appeals to the appeal courts and the Supreme Court ;
91.5.30. to lodge complaints against the decisions and acts of the preliminary investigator, investigator or prosecutor ;
91.5.31. to appeal against the judgment and other decisions of the court to the court of appeal and the Supreme Court, or to the latter on additional appeal, and to receive copies of those decisions ;
91.5.32. to acquaint himself with the record of the court hearing and to add observations to it ;
91.5.33. to withdraw any complaint lodged by himself or his defence counsel ;
91.5.34. to be reconciled with the victim ;
91.5.35. to express objections to circumstances made known to him through information brought to his attention by the prosecuting authority or through complaints made by the other parties to the criminal proceedings ;
91.5.36. to participate in appeal court hearings and Supreme Court hearings on appeal, on additional appeal and on the basis of newly discovered facts, further to a complaint of his own, if he is not held on remand and if he objects to a complaint by another party to the proceedings and to take part in the court’s examination of the case file ;
91.5.37. to be informed of appeals and complaints relating to the case and to raise objections to them ;
91.5.38. to express opinions on applications and suggestions by other parties to the criminal proceedings as well as on matters being decided by the court ;
91.5.39. to object to unlawful acts of the opposite party to the criminal proceedings ;
91.5.40. to be reimbursed for costs incurred during the proceedings and receive compensation for prejudice caused by unlawful acts of the prosecuting authority ;
91.5.41. to be acquitted if the charge is not proved ;
91.5.42. to exercise the other rights provided for in this Code.
91.6. When independently conducting his own defence, the accused shall exercise all the rights of his defence counsel as provided for in this Code, as far as is possible in his position.
EDIT.