Part I
GENERAL PROVISIONS
Chapter I
BASIC RULES
The presumption of innocence
Article 3
(1) Each person shall be considered innocent until proven guilty by the final decision of the competent court.
(2) Government authorities, the media, citizens' associations, public figures and other persons are under obligation to adhere to the rules defined in paragraph 1 of the present Article, as well as to sustain from violating other rules of the
proceeding, rights of the defendant and injured party, judicial independence and impartiality with their public statements on the ongoing criminal proceeding.
(3) The Investigative Judge during preliminary investigation, i.e. the President of the Court upon completion of the investigation or after submitting the direct indictment, shall ex officio or upon the proposal of the parties, defense counsel, injured party, i.e. his proxy, issue a public warning to anyone breaching obligations set forth in paragraph 2 of the present Article, to be published in the media on the expense of the person in question.
(4) If obligation set forth in paragraph 2 of the present Article is breached in a specifically serious manner, and especially if circumstances obviously imply that it has been done in order to exert influence on the court and other competent bodies, or with the aim of causing serious consequences concerning the defendant or the injured party, or other participants of the criminal proceeding, the public warning to that person may be coupled with a fine up to 150,000 CSD, and for legal entities up to 1,500,000 CSD.
(5) If the individual despite the measures from paragraph 3, i.e. paragraph 4 of the present Article breaches the obligation set forth in paragraph 2 of the present Article, the individual shall be fined up to 300,000 CSD, and the legal entity up to 3,000,000 CSD if, after the public warning, it violates obligations set forth in paragraph 2 of the present Article. For every subsequent violation of obligation set forth in paragraph 2 of the present Article, the individual may be fined with up to 450,000 CSD, and the legal entity up to 4,500,000 CSD, and any new explanation of the ruling on sentencing may be published in the media on the expense of the sanctioned party.
(6) An appeal may be taken from a ruling on sanctions from paragraphs 4 and 5 of the present Article, if the ruling was rendered by the Investigative Judge the appeal shall be decided upon by the President of the Court, while the appeals against a rulings rendered by the President of the Court shall be decided upon by the chamber set forth in Article 24 paragraph 6 of the present Code.
“In doubt for the benefit of the defendant” Rule
Article 4
If upon gathering of all available evidence and its presentation in the criminal proceeding, only suspicion remains concerning the existence of a relevant elements of a criminal offense or concerning facts upon which the application of a certain provision of Criminal Code or the present Code depends upon, the court, i.e., another competent body shall always render a judgment more favorable for the defendant.
Defendant's right to a defense
Article 5
(1) The defendant shall be warned before the first interrogation that everything that he says can be used against him as evidence.
(2) The defendant has to be informed of the criminal offense he is charged with, as well as of the evidence on which the charges are based as soon as during the first interrogation.
(3) The defendant may not be forced to testify against himself or to admit his guilt.
(4) The defendant has to have the opportunity to give a statement concerning all facts and evidence held against him, as well as to present all facts and evidence in his favor.
(5) The defendant has to be provided with sufficient time and opportunity to prepare his defense.
(6) The defendant has the right to defend himself or with the professional assistance of a counsel, chosen by himself from the line of counsels and who may be present during the interrogation of the defendant.
(7) Prior to the first interrogation, the defendant will be advised of his right to obtain a defense counsel, of his right to have the defense counsel present at his interrogation.
(8) The defendant has the right for the court to appoint him the defense counsel in situations stipulated by the present Code.
(9) The suspect has the right to a defense counsel in accordance with the present Code.
EDIT.