Serbia

Criminal Procedure Code

Part One
GENERAL PART

Chapter VI
THE DEFENDANT AND DEFENCE COUNSEL

1 The Defendant

Rights of Persons Arrested
Article 69

Besides the rights referred to in Article 68 paragraph 1, items 2) to 4) and item 6), and paragraph 2 of this Code, a person arrested is entitled to :

1) be informed immediately in a language he understands of the reason for his arrest ;
2) have before his first interrogation a confidential conversation with his defence counsel, which can be supervised only visually, but not by way of listening ;
3) demand that a family member or other person close to him be notified without delay about his arrest, as well as a diplomatic and consular representative of the state of which he is a national, or a representative of an authorised organisation of international public law, in case of a refugee or a stateless person ;
4) demand that he be examined without delay by a physician of his own choosing, and if that physician is not accessible, by a physician designated by the public prosecutor or the court.

A person arrested without a court decision, or a person who has been arrested on the basis of a court decision but not interrogated, must without delay, and within 48 hours at most, be handed over to the competent judge for the preliminary proceedings, or, if this is not done, must be released from custody.

Keywords

Fair trial standards



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