Serbia

Criminal Procedure Code

Part I
GENERAL PROVISIONS

Chapter VI
DEFENSE COUNSEL

Release of defense counsel
Article 73
(1) The defendant, i.e. another authorized person (Article 67, paragraph 2) may take another defense counsel instead of the appointed defense counsel (Articles 71 and 72). In that case the appointed counsel shall be released of his duties.
(2) The defense counsel appointed in compliance with Article 71 paragraph 2 of the present Code is released of his duties when the Ruling on discontinuance of detention becomes final.
(3) The appointed defense counsel can request to be released for justified reasons.
(4) Regarding the release of the defense counsel in circumstances provided for in paragraphs 1 and 2 of the present Article, prior to the commencement of the trial the ruling is rendered by the Investigative Judge, i.e. President of the Chamber, during the trial the ruling is rendered by the Trial Chamber, and during the appeal proceedings by the President of the first instance trial chamber, i.e. Chamber that has jurisdiction to rule on the appeal. Against such ruling the appeal is not allowed.
(5) The Public Prosecutor shall be obliged to inform the Investigative Judge, during the investigation, if the defense counsel is performing his duties unprofessionally, and the Investigative Judge may render a ruling on the release of the defense counsel in compliance with paragraph 4 of the present Article.
(6) The President of the Court, upon obtained opinion of the authority before which the criminal proceeding is being conducted, may release the appointed defense counsel who is performing his duties unprofessionally. The President of the Court shall appoint another defense counsel instead of the released defense counsel. The Attorney Bar Association shall be notified about the release of the defense counsel, and it shall be obliged to inform the President of the Court within two months, of the measures it has taken.

Keywords

Rights during trial - counsel of accused's choosing



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