Serbia

Criminal Procedure Code

Part II
THE COURSE OF PROCEEDINGS

A. CRIMINAL OFFENSE REPORT, PRELIMINARY INVESTIGATION AND NOTIFICATION OF CRIMINAL OFFENCE

Chapter XIX
PRELIMINARY INVESTIGATION AND SUBMISSION OF NOTIFICATION ON CRIMINAL OFFENCE

Interrogation of a suspect brought before the Investigative Judge
Article 263
(1) Investigative judge is obligated to immediately inform the suspect brought before him that he may retain a defense counsel, to make possible for the suspect to notify the defense counsel in his presence, by telephone or other means of electronic message transmitter, either directly or with a help of his family members or third person whose identity must be known, and if it is necessary the Investigative Judge shall assist the suspect to retain a defense counsel.
(2) If the person deprived of liberty fails to secure the presence of a defense counsel within 24 hours from the moment this was made available to him in accordance with paragraph 1 of the present Article, or declares that he does not want to retain a defense counsel, the Investigative Judge is obligated to immediately interrogate him.
(3) If in the case of mandatory defense (Article 71 paragraph 1) the person deprived of liberty fails to retain a defense counsel within 24 hours from the moment he was instructed on this right, or explicitly declares that he shall not retain a defense counsel, a defense counsel shall be appointed to him ex officio.

Keywords

Rights during investigation - legal assistance



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