PART TWO
HUMAN AND MINORITY RIGHTS AND FREEDOMS

1. Fundamental Principles

Inviolability of physical and mental integrity
Article 25

Physical and mental integrity is inviolable.

Nobody may be subjected to torture, inhuman or degrading treatment or punishment, nor subjected to medical and other experiments without their free consent.

PART TWO
HUMAN AND MINORITY RIGHTS AND FREEDOMS

1. Fundamental Principles

Right to freedom and security
Article 27

Everyone has the right to personal freedom and security. Depriving of liberty shall be allowed only on the grounds and in a procedure stipulated by the law.

Any person deprived of liberty by a state body shall be informed promptly in a language they understand about the grounds for arrest or detention, charges brought against them, and their rights to inform any person of their choice about their arrest or detention without delay.

Any person deprived of liberty shall have the right to initiate proceedings where the court shall review the lawfulness of arrest or detention and order the release if the arrest or detention was against the law.

Any sentence which includes deprivation of liberty may be proclaimed solely by the court.

PART TWO
HUMAN AND MINORITY RIGHTS AND FREEDOMS

1. Fundamental Principles

Treatment of persons deprived of liberty
Article 28

Persons deprived of liberty must be treated humanely and with respect to dignity of their person. Any violence towards persons deprived of liberty shall be prohibited.

Extorting a statement shall be prohibited.

PART TWO
HUMAN AND MINORITY RIGHTS AND FREEDOMS

1. Fundamental Principles

Special Rights in Case of Arrest and Detention without Decision of the Court
Article 29

Any person deprived of liberty without decision of the court shall be informed promptly about the right to remain silent and about the right to be questioned only in the presence of a defense counsel they chose or a defense counsel who will provide legal assistance free of charge if they are unable to pay for it.

Any person deprived of liberty without a decision of the court must be brought before the competent court without delay and not later than 48 hours, otherwise they shall be released.

PART TWO
HUMAN AND MINORITY RIGHTS AND FREEDOMS

1. Fundamental Principles

Special rights of persons charged with criminal offense
Article 33

Any person charged with criminal offense shall have the right to be informed promptly, in accordance with the law, in the language which this person understands and in detail about the nature and cause of the accusation against him, as well as the evidence against him.

Any person charged with criminal offense shall have the right to defend himself personally or through legal counsel of his own choosing, to contact his legal counsel freely and to be allowed adequate time and facilities for preparing his defense.

Any person charged with criminal offense without sufficient means to pay for legal counsel shall have the right to a free legal counsel when the interests of justice so require and in compliance with the law.

Any person charged with criminal offense available to the court shall have the right to a trial in his presence and may not be sentenced unless he has been given the opportunity to a hearing and defense.

Any person prosecuted for criminal offense shall have the right to present evidence in his favour by himself or through his legal counsel, to examine witnesses against him and demand that witnesses on his behalf be examined under the same conditions as the witnesses against him and in his presence.

Any person prosecuted for criminal offense shall have the right to a trial without undue delay.

Any person charged or prosecuted for criminal offense shall not be obligated to provide self-incriminating evidence or evidence to the prejudice of persons related to him, nor shall he be obliged to confess guilt.

Any other natural person prosecuted for other offences punishable by law shall have all the rights of a person charged with criminal offense pursuant to the law and in accordance with it.

PART TWO
HUMAN AND MINORITY RIGHTS AND FREEDOMS

1. Fundamental Principles

Legal certainty in criminal law
Article 34

Everyone shall be presumed innocent for a criminal offence until convicted by a final judgement of the court.

PART TWO
HUMAN AND MINORITY RIGHTS AND FREEDOMS

1. Fundamental Principles

Right to legal assistance
Article 67

Everyone shall be guaranteed right to legal assistance under conditions stipulated by the law.

Legal assistance shall be provided by legal professionals, as an independent and autonomous service, and legal assistance offices established in the units of local self-government in accordance with the law.

The law shall stipulate conditions for providing free legal assistance.

Article 3

Everyone is considered innocent until proven guilty by a final decision of the court.

Public and other authorities and organisations, the information media, associations and public figures are required to adhere to the rules referred to in paragraph 1 of this Article, as well as to abstain from violating the rights of the defendant with their public statements on the defendant, the criminal offence and the proceedings.

Article 8

The authority conducting proceedings is required to advise the defendant or other participant in the proceedings, in accordance with the provisions of this Code, about the rights to which they are entitled.

Where a defendant or other participant in the proceedings might omit to perform an action or fail to exercise a right due to ignorance, the authority conducting proceedings is required to caution him about the consequences of the omission.

Article 9

Any use of torture, inhumane and degrading treatment, force, threats, coercion, deception, medical procedures and other means affecting the free will or extorting a confession or other statement or action by a defendant or other participant in proceedings is prohibited and punishable.

Article 11
The Serbian language and the Cyrillic script are in official use in proceedings, and other languages and scripts are in official use in accordance with the Constitution and the law.

Proceedings are conducted in the language and script in official use in the authority conducting proceedings, in accordance with the law.

Parties, witnesses and other persons participating in proceedings are entitled to use their own languages and scripts during proceedings, and, where proceedings are not being conducted in their language and unless, after being advised on their right to translation, they declare that they know the language in which the proceedings are being conducted and that they waive their right to translation, the interpretation of what they or others are saying, as well as translation of instruments and other written evidence, are secured and paid from budget funds.

Translation and interpretation is entrusted to a translator.

Article 13

A defendant accessible to the court may be tried only in his presence, except where in absentia trials are exceptionally allowed under this Code.

A criminal sanction may not be pronounced to a defendant who is accessible to the court if that defendant has not been allowed to be heard and to defend himself.

Article 14

Courts are required to conduct criminal proceedings without delays and to prevent all abuses of law aimed at delaying proceedings.

Criminal proceedings against a defendant who is in detention are urgent.

Article 15
Evidence is collected and examined in accordance with this Code.

The burden of proof is on the prosecutor.

The court examines evidence upon motions by the parties.

The court may order a party to propose additional evidence, or, exceptionally, order such evidence to be examined, if it finds that the evidence that has been examined is contradictory or unclear, and finds such action necessary in order to comprehensively examine the subject of the evidentiary action.

Article 19

All public authorities are required to render necessary assistance to the public prosecutor, courts or other authorities conducting proceedings, as well as to the defendant and his defence attorney at their request with the aim of collecting evidence.

Article 37

A judge or lay judge may not perform judicial duty in certain proceedings in the following cases:

1) where he was injured by the criminal offence;

2) where the judge is the spouse or person with whom he lives in a common law marriage or other permanent relationship or a relative by blood to any degree, or collaterally to the fourth degree, and by marriage to the second degree, or the defendant, defence counsel, the prosecutor, injured parties, their legal representatives or proxies;

3) where the judge is a foster-parent or foster-child, adopter or adoptee, guardian or ward of the defendant, his defence counsel, the prosecutor or injured party;

4) where in the same criminal proceedings the judge had acted as a judge for the preliminary proceedings, or had decided on confirming the indictment, or had participated in

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;

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.

Article 71
The defence counsel is entitled to:

1) conduct a confidential conversation with the arrested person before his first interrogation (Article 69 paragraph 1 item 2));

Article 71
The defence counsel is entitled to:

2) have confidential conversations with the defendant who is in custody (Article 69 paragraph 1 item 2)) and to engage in unimpeded correspondence, unless otherwise provided by this Code ;

Article 75

One or several defence counsel may be chosen and authorised with a power of attorney by the defendant, his legal representative, spouse, lineal relative by blood, adopter, adoptee, sibling, foster-parent or person with whom the defendant lives in a common law marriage or other permanent personal association, except where the defendant is expressly opposed to this.

A defendant may grant a defence counsel an oral power of attorney by a declaration given on the record with the authority conducting proceedings.

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

Article 85
The defendant will then be invited to state expressly whether he will retain a defence counsel of his own choosing, and cautioned that if he does not choose a defence counsel in the case of mandatory defence a court appointed defence counsel will be appointed, in accordance with the provisions of this Code.

The defendant may be interrogated without a defence counsel being present if the defendant has expressly waived that right, if a duly summoned defence counsel is not present although he has been informed about the interrogation (Article 300 paragraph 1.) and there exists no possibility for the defendant to hire another defence counsel, or if the defendant has failed to secure the presence of a defence counsel even after the expiry of a period of 24 hours after first being advised about that right (Article 68 paragraph 1 item 4)), except in the case of mandatory defence.

If the defendant has not been duly advised or enabled to use the rights referred to in paragraph 2 of this Article, or the statement of the defendant referred to in paragraph 3 of this Article about the presence of a defence counsel has not been entered into record, or where it was acted contrary to paragraph 4 of this Article, or where a statement of the defendant has been obtained contrary to Article 9 of this Code, the court’s decision may not be based on the defendant’s statement.

Article 86

A defendant is interrogated orally, with decency and full respect for his personality. A defendant is entitled to use his notes during interrogation.

During the interrogation it will be made possible to the defendant to state, without being interrupted, his position in relation to all circumstances against him and facts which support his defence.

Article 87

If a defendant is deaf, he will be questioned in writing, if the defendant is mute, he will be invited to reply in writing and if he is blind, the contents of written evidence will be presented

to him orally. If the interrogation cannot be conducted in this manner, a person capable of communicating with the defendant will be invited to serve as an interpreter.

If the defendant does not understand the language of the proceedings, he will be asked questions through a translator.

If the interpreter or translator was has not been sworn in previously, he will swear that he will faithfully communicate the questions asked of the defendant and the statements he makes.

The provisions of this Code relating to expert witnesses apply accordingly to interpreters and translators.

Article 217

During detention the personality and dignity of a detainee may not be insulted.

Only those restrictions necessary for preventing escape, incitement of other persons to destroy, conceal, alter or falsify evidence or traces of a criminal offence may be applied against a detainee, as well as direct or indirect contacts of the detainee aimed at influencing witnesses, accomplices or concealers.

Persons of different sex will not be detained in the same room. As a rule, persons suspected of participating in the commission of the same criminal offence, or persons serving a custodial criminal sanction and persons in detention will not be accommodated in the same room. If possible, persons for whom there is grounded suspicion of being repeat offenders will not be accommodated in the same room as other persons deprived of liberty against whom they could exert harmful influence.

Article 293

The public prosecutor is required to advise an arrested person brought before him about the rights referred to in Article 69 paragraph 1 of this Code and to make it possible for him to use a telephone or other electronic message communicator, in his presence, to notify a defence counsel directly or through members of the family or a third person whose identity must be revealed to the public prosecutor, and if necessary also to assist him to find a defence counsel.

If the arrested person does not secure the presence of a defence counsel within 24 hours of the time when it was made possible to him within the meaning of paragraph 1 of this Article, or declares that he does not wish to obtain a defence counsel, the public prosecutor is required to question him without delay.

If in the case of mandatory defence (Article 74) the arrested person does not obtain a defence counsel within 24 hours of the time he was advised of this right or declares that he will not obtain a defence counsel, an ex officio defence counsel will be appointed for him.

Immediately after the questioning, the public prosecutor will decide whether to release the arrested person or request that the judge for the preliminary proceedings order detention.

Acting on a request of the arrested person or his defence counsel, a member of the family of the arrested person or the person with whom the arrested person is living in a common law marriage or other permanent personal association, or ex officio, the public prosecutor may order the arrested person to be examined by a physician.

The public prosecutor will attach to the files the decision determining the physician who will conduct the examination and a transcript of the questioning of the physician.

Article 301

The suspect and his defence counsel may collect on their own evidence and materials for the benefit of the defence.

For the purpose of enforcing the right referred to in paragraph 1 of this Article, the suspect and his defence counsel are entitled:

to talk to a person who can provide them data that can be useful for the defence and to obtain from that person written statements and information, with his consent;

to enter private premises or areas which are not open to the public, a dwelling or premises linked with a dwelling, with the consent of their holder;

to take over from a legal or natural person objects and instruments and obtain information possessed by that person, with their consent, as well as with an obligation to issue that person a certificate with a list of the objects and instruments taken.

The authorisation referred to paragraph 2 item 1) of this Article does not relate to the injured party and persons already questioned by the police or public prosecutor.

The written statement and opinion referred to in paragraph 2 item 1) of this Article may be used by the defendant and his counsel during the questioning of a witness or a test of the authenticity of his statement, or for issuing a decision to question a certain person as a witness by the public prosecutor or the court.

Article 302

If the suspect and his defence counsel believe that a certain evidentiary action needs to be taken, they will propose to the public prosecutor that it be undertaken.

If the public prosecutor rejects the proposal for conducting certain evidentiary action or does not decide on the proposal within eight days of the date of its submission, the suspect and his defence counsel may submit the proposal to the judge for the preliminary proceedings, who issues a decision thereon within eight days.

If the judge for the preliminary proceedings grants the proposal of the suspect and his defence counsel, he will order the public prosecutor to undertake the evidentiary action and will determine a deadline for its conduct.

Article 303

The public prosecutor is required to enable, within a time limit sufficient for the preparation of defence, a suspect who has been questioned and his defence counsel ,

to examine case- file documents and view objects which will be used as evidence. In case several persons are suspects in connection with the same criminal offence, examination of case- file documents and viewing of objects which will be used as evidence may be deferred until the public prosecutor has questioned the last of the suspects who is accessible.

After examination of case-file documents and viewing of objects, the public prosecutor will call on the suspect and his defence counsel to file, within a specific time limit, a motion for conduct of certain evidentiary actions.

A suspect who has been questioned and his defence counsel are required after collecting evidence and materials for the benefit of the defence (Article 301) to notify the public prosecutor thereof and to enable him before the conclusion of the investigation to examine the case-file documents and view objects that will be used as evidence.

If the motion referred to in paragraph 2 of this Article is rejected (Article 302 paragraph 2) or if the suspect and his defence counsel do not act in accordance with paragraph 3 of this Article, the public prosecutor will decide on concluding the investigation (Article 310).

Article 355

The defendant and his defence counsel, the prosecutor and the injured party and their legal representatives and proxies, and if needed also a translator and an interpreter, will be summoned to the trial.

Proposed witnesses and expert witnesses will also be summoned to the trial, except for those for whom the president of the panel holds that their examination at the trial is not necessary, or it has been determined at the preparatory hearing that they should not be summoned.

The provisions of Articles 191 and 193 of this Code will be applied in respect of the content of the summons for the defendant and witnesses. Where mandatory defence (Article 74) is not involved, the defendant will be advised in the summons that he is entitled to obtain a defence counsel, but that the trial will not be deferred because a defence counsel does not appear at the trial or because the defendant obtained a defence counsel only at the trial.

The summons must be delivered to the defendant so as to provide sufficient time between the delivery and the trial date for preparing the defence, in any case not less than eight days. For criminal offences punishable by a term of imprisonment or ten years or more, the time for preparing a defence is at least fifteen days. At the request of the defendant, or of the prosecutor, with consent of the defendant, these time limits may be shortened.

An injured party who is not being summoned as a witness will be notified by the court in the summons that the trial will be held even in his absence, and that his statement on an restitution claim will be read out. The injured party will also be cautioned that if he fails to appear it will be deemed that he does not intend to continue criminal prosecution if the public prosecutor desists from the charges.

The subsidiary prosecutor and the private prosecutor will be cautioned in the summons that if they fail to appear at the trial or to send a proxy it will be deemed that they have desisted from the charges.

The defendant, witness and expert witness will be cautioned in the summons about the consequences of failing to appear at the trial (Article 193 paragraph 4 and Article 383).

Excluding Unlawful Evidence
Article 358

If the president of the panel determines that the case-file contains transcripts or information referred to in Article 237 paragraphs 1 and 3 of this Code, he will issue a ruling on their exclusion from the files. A special appeal against this ruling is allowed.

Upon the finality of the ruling referred to in paragraph 1 of this Article, the president of the panel will act in accordance with Article 237 paragraphs 2 and 3 of this Code.

Until the conclusion of the evidentiary proceedings the panel may act in accordance with Article 407 paragraph 4 of this Code.

Article 381

A defendant may be tried in absentia only if there exist particularly justified reasons to try him although he is absent, provided he is at large or not accessible to the public authorities.
A ruling on an in absentia trial is issued by the panel on a motion of the prosecutor.
An appeal does not stay the execution of the ruling referred to in paragraph 2 of this Article.

Article 383

When under the provisions of this Code the necessary conditions exist for deferring the trial due to the absence of a defendant or defence counsel (Article 380 paragraph 1 and Article 382 paragraph 2), the panel may decide that the trial be held if according to the evidence contained in the files a ruling dismissing the charges (Article 416 paragraph 1) or a judgment rejecting the charges (Article 422) would obviously have to be issued.

If the defendant caused his own inability to participate in the trial, the panel may, after examining an expert witness, issue a ruling deciding that the trial be held, but not concluded, in the absence of the defendant. In the case of the holding of the trial without the presence of the defendant, the president of the court will appoint a court appointed defence counsel for him (Article 74 item 5) and Article 76).

An appeal does not stay execution of the ruling referred to in paragraph 2 of this Article.

Article389
3- advise the defendant of his rights and duties (Articles 68 and 70), and especially of the right to present facts and propose evidence in his defence, pose questions to a co-defendant, witness, expert witness and professional consultant, make objections and provide explanations in connection with the evidence examined, and ask him if he has understood the advice.

Article 392

The defendant is not required to state his position in relation to the charges or to answer any questions posed to him.

IV ARREST, CUSTODY AND SURRENDER OF THE ACCUSED PERSON

Mandatory Defence in the Surrender Procedure of the Accused Person

Article 21

The accused person sought by the International Criminal Court to be surrendered must have a Defence Counsel from the very first interrogation and during the entire surrender procedure.

Should the accused person fail to secure a Defence Counsel personally within three hours from the point s/he was advised on his/her right or should s/he state that s/he shall not hire a Defence Counsel, President of the competent court shall assign to him/her an Ex-Officio Lawyer selected from among the lawyers listed in order, the list being submitted by the competent Bar Association.

IV ARREST, CUSTODY AND SURRENDER OF THE ACCUSED PERSON

Arrest of the Accused Person

Article 23

The accused person arrested relative to paragraph 1 of this Article shall have all the rights which any arrested person may have in accordance with the Criminal Procedure Code.

IV ARREST, CUSTODY AND SURRENDER OF THE ACCUSED PERSON

The Proceeding Before the Investigative Judge

Article 24

The competent Investigative Judge to whom the arrested accused person has been brought (Article 23, paragraph 2) shall inform the accused person about his/her rights, interrogating him/her thereupon, in accordance with the provisions of the Criminal Procedure Code, about the circumstances contained in the request made by the International Criminal Court.

IV ARREST, CUSTODY AND SURRENDER OF THE ACCUSED PERSON

The Proceeding Before the Investigative Judge

Article 24

Within a period of 24 hours from the moment of receipt of such ruling the accused person and his/her Defence Counsel may appeal against the ruling referred to in paragraph 2 of this Article, which shall be addressed by the competent Chamber.

IV ARREST, CUSTODY AND SURRENDER OF THE ACCUSED PERSON

The Proceeding Before the Investigative Judge

Article 24

Custody ordered by the Investigative Judge's ruling may not exceed one month, whereas the competent Chamber may by decision, at the motion of the Public Prosecutor containing a rationale, extend this period for a maximum of another two months.

IV ARREST, CUSTODY AND SURRENDER OF THE ACCUSED PERSON

Decision Taking on the Request of the International Criminal Court

Article 26

The accused person shall be introduced by the Chamber to the request of the International Criminal Court and the charges before said Court, and interrogated, by analogous application of the Criminal Procedure Code, about the criminal offence that s/he is charged with, including all other circumstances significant to taking a decision as to the request.

IV ARREST, CUSTODY AND SURRENDER OF THE ACCUSED PERSON

Appeal Against the Ruling on the Request of the International Criminal Court

Article 27

The ruling referred to in Article 26, paragraph 4 of this Law may be appealed by the accused person and his/her Defence Counsel, whereas the competent Public Prosecutor may appeal against the ruling mentioned in Article 26, paragraph 6 of this Law.

The appeal referred to in paragraph 1 of this Article may be lodged within three days from the day of receipt of the ruling. It shall postpone the enforcement of the ruling.

The appeal referred to in paragraph 1 of this Article shall be decided upon by the Chamber of the directly superior Court, composed of five Judges.

Article 14v
If the accused or a suspect does not obtain a defence counsel, the Chief Justice shall assign a court appointed counsel from the ranks of attorneys with no less than 10 years of professional experience in the field of criminal law and with the required knowledge and experience in the field of international humanitarian law and human rights

The Bar Association shall submit a list of attorneys deemed by it to meet the requirements referred to in paragraph 1 of this Article.