Serbia

Criminal Procedure Code

Part One
GENERAL PART

Chapter VI
THE DEFENDANT AND DEFENCE COUNSEL

2. Defence Counsel

Defence of Indigent Persons
Article 77

A defence counsel shall be appointed for a defendant who because of his financial status cannot afford to pay the fees and costs of the defence counsel at the defendant’s request although the reasons for mandatory defence do not exist if the criminal proceedings are being conducted in connection with a criminal offence punishable by a term of imprisonment of over three years, or where reasons of fairness so demand. In this case, the costs of defence shall be borne by the budget of the court.

The judge for preliminary proceedings, president of a trial panel or individual judge decides on the request referred to in paragraph 1 of this Article, and the defence counsel is appointed by a ruling issued by the president of the court before which the proceedings are being conducted, according to the order on the roster of attorneys provided by the competent bar association.

The appointed defence counsel referred to in paragraph 1 of this Article has the standing of a court appointed defence counsel.

Keywords

Fair trial standards
Rights during trial - legal assistance
Legal Aid



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