Croatia

The Constitution of the Republic of Croatia

III. PROTECTION OF HUMAN RIGHTS AND FUNDAMENTAL FREEDOMS

2. PERSONAL AND POLITICAL LIBERTIES AND RIGHTS

Article 29

Everyone shall be entitled have his or her rights and obligations, or suspicion or accusation of a criminal offence decided upon fairly before a legally established, independent and impartial court within a reasonable period.

In the case of suspicion or accusation of a criminal offence, the suspected, accused or indicted person shall be entitled:

– to be informed in detail and in a language he/she understands, within the shortest possible term, of the nature and grounds for the charges against him/her and the evidence incriminating him/her,

– to have adequate time and opportunity to prepare his/her defence,

– to defence counsel and unrestricted communication therewith, and to be informed of this right,

– to mount his/her own defence independently or with the assistance of a defence counsel of his/her own choice, and if he/she lacks the resources to engage such counsel, to have free counsel provided under the conditions specified by law,

– to be present at his/her trial insofar as he/she is at the disposal of the court,

– to interrogate or to arrange for interrogation of witnesses for the prosecution and to demand the attendance and questioning of defence witnesses under the same conditions which apply to witnesses for the prosecution,

– to assistance by an interpreter free of charge insofar as he/she does not understand the language used in the court.

An admission of guilt may not be coerced from a suspected, accused or indicted individual.

Evidence obtained illegally may not be admitted in court proceedings.

Criminal proceedings may only be initiated before the court at the request of an authorized prosecutor.

Keywords

Fair trial standards
Rights during trial - legal assistance
Rights during investigation - not to be subjected to any form of coercion, duress or threat, to torture or to any other form of cruel, inhuman or degrading treatment or punishment
Rights during investigation - access to interpreter and translation if questioned in other language
Rights during investigation - legal assistance
Rights during trial - informed promptly and in detail of charges
Rights during trial - adequate preparation of defence
Rights during trial - free communication with counsel
Rights during trial - counsel of accused's choosing
Rights during trial - present at trial
Rights during trial - conduct defence in person
Rights during trial - examine witnesses
Rights during trial - raise defences
Rights during trial - interpretation and translation
Rights during trial - remain silent



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