BASIC RULES AND ACTIONS IN THE CRIMINAL TRIAL
AIM AND BASIC RULES OF THE CRIMINAL TRIAL
Art.5 - The person's liberty is guaranteed all throughout the criminal trial.
No person may be retained, arrested or deprived of liberty in any way or subjected to any form of liberty restraint, except for the cases and circumstances stipulated by the law.
If the person subjected to preventive arrest or hospitalization or any measure of liberty restraint considers such measures illegal, he/she has the right, during the trial, to bring the matter to the attention of the competent court, under the law.
Any person who was, during the criminal trial, deprived of liberty, or whose liberty was restrained, illegally or unjustly, is entitled to reparation of the damages, in the conditions stipulated by the law.
During the criminal trial, the accused person or the defendant who is preventively arrested may require temporary release, under judicial supervision or on bail.
PREVENTIVE MEASURES AND OTHER PROCEDURAL MEASURES
2. Arrest of the defendant
Objections regarding identity
Art.153 - If the arrested person has objections against the enforcement of the warrant only as far as the identity is concerned, he/she is brought before the court of the place where he/she was found. When it is necessary, the court asks the judge who issued the warrant for information.
Until the objections are clarified, the court, if it considers there is no danger of disappearance, orders the release of the person against whom the warrant has been enforced.
If the court discovers that the person brought is not the one specified in the warrant, it releases him/her immediately, and if it discovers that the objections are not justified, orders the enforcement of the warrant, according to the provisions of art. 152 paragraph 3.
In the cases provided at par. 1 -3, the court orders through closing, that will also be sent to the judge who issued the warrant .
3. A person who is provisionally arrested may be released from custody if the requested State has not received the request for surrender and the documents supporting the request as specified in article 91 within the time limits specified in the Rules of Procedure and Evidence. However, the person may consent to surrender before the expiration of this period if permitted by the law of the requested State. In such a case, the requested State shall proceed to surrender the person to the Court as soon as possible.