Serbia

Criminal Procedure Code

Part I
GENERAL PROVISIONS

Chapter VI
DEFENSE COUNSEL

The right of defense counsel to have contact with the defendant held in
detention
Article 75

(1) If the defendant is held in detention, the defense counsel may exchange letters or talk with him.
(2) The defense counsel has the right to a confidential conversation with the suspect who has been detained even before the interrogation of the suspect, as well as with the defendant who is in detention. The only control allowed of this conversation prior to the fist interrogation and during the investigation shall be visual control, while audio control shall not be allowed.
(3) The defense counsel and the defendant may not confer on how the defendant should reply to question that has already asked.
(4) The Investigative Judge may ex officio or upon the request of a Public Prosecutor, order that the letters, sent by the defendant who is held in detention to his defense counsel or sent by the defense counsel to the defendant in detention, be handed over only after he has examined them, if there is reasonable cause to believe the they have been used in an attempt to organize escape, influence the witnesses, intimidate the witnesses or some other obstruction of the investigation. The Investigative Judge shall make an official note on retaining and examining of the letters.
(5) When the investigation is concluded or when the indictment, i.e. motion to indict without prior conducting of the investigation have been raised, the unsupervised correspondence and conversations between the defendant and defense counsel may no longer forbidden.

Keywords

Rights during trial - free communication with counsel



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