Serbia

Criminal Procedure Code

Part One
GENERAL PART

Chapter VI
THE DEFENDANT AND DEFENCE COUNSEL

1 The Defendant

The Defendant’s Rights
Article 68

The defendant is entitled :

1) to be informed in the shortest possible time, and always before the first interrogation, in detail and in a language he understands, about the charges against him, the nature and grounds of the accusation, as well as that everything he says may be used as evidence in proceedings ;

2) not to say anything, to refrain from answering a certain question, to present his defence freely, to admit or not to admit his culpability ;

3) to defend himself on his own or with the professional assistance of a defence counsel, in accordance with the provisions of this Code ;

4) to have a defence counsel attend his interrogation ;

5) to be taken before a court in the shortest possible time and to be tried in an impartial and fair manner and in a reasonable time ;

6) to read immediately before his first interrogation the criminal complaint, the crime scene report, and the findings and opinions of a expert witnesses ;

7) to be given sufficient time and opportunity to prepare his defence ;

8) to examine documents contained in the case file and objects serving as evidence ;

9) to collect evidence for his own defence ;

10) to state his position in relation to all the facts and evidence against him and to present facts and evidence in his favour, to question witnesses for the prosecution and to demand that witnesses for the defence be questioned in his presence, under the same conditions as the witnesses for the prosecution ;

11) to make use of legal instruments and legal remedies ;

12) to perform other actions where provided for by this Code.

The authority conducting the proceedings is required to advise the defendant before his first interrogation of the rights referred to in paragraph 1, items s 2) to 4) and item 6) of this Article.

Keywords

Fair trial standards



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