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 I
GENERAL PROVISIONS

Chapter I
BASIC RULES

The presumption of innocence
Article 3
(1) Each person shall be considered innocent until proven guilty by the final decision of the competent court.
(2) Government authorities, the media, citizens' associations, public figures and other persons are under obligation to adhere to the rules defined in paragraph 1 of the present Article, as well as to sustain from violating other rules of the

proceeding, rights of the defendant and injured party, judicial independence and impartiality with their public statements on the ongoing criminal proceeding.
(3) The Investigative Judge during preliminary investigation, i.e. the President of the Court upon completion of the investigation or after submitting the direct indictment, shall ex officio or upon the proposal of the parties, defense counsel, injured party, i.e. his proxy, issue a public warning to anyone breaching obligations set forth in paragraph 2 of the present Article, to be published in the media on the expense of the person in question.
(4) If obligation set forth in paragraph 2 of the present Article is breached in a specifically serious manner, and especially if circumstances obviously imply that it has been done in order to exert influence on the court and other competent bodies, or with the aim of causing serious consequences concerning the defendant or the injured party, or other participants of the criminal proceeding, the public warning to that person may be coupled with a fine up to 150,000 CSD, and for legal entities up to 1,500,000 CSD.
(5) If the individual despite the measures from paragraph 3, i.e. paragraph 4 of the present Article breaches the obligation set forth in paragraph 2 of the present Article, the individual shall be fined up to 300,000 CSD, and the legal entity up to 3,000,000 CSD if, after the public warning, it violates obligations set forth in paragraph 2 of the present Article. For every subsequent violation of obligation set forth in paragraph 2 of the present Article, the individual may be fined with up to 450,000 CSD, and the legal entity up to 4,500,000 CSD, and any new explanation of the ruling on sentencing may be published in the media on the expense of the sanctioned party.
(6) An appeal may be taken from a ruling on sanctions from paragraphs 4 and 5 of the present Article, if the ruling was rendered by the Investigative Judge the appeal shall be decided upon by the President of the Court, while the appeals against a rulings rendered by the President of the Court shall be decided upon by the chamber set forth in Article 24 paragraph 6 of the present Code.

Part I
GENERAL PROVISIONS

Chapter VII
EVIDENTIARY ACTIONS

3. Examination of the defendant

Questioning of the defendant, prohibition to assume admission, and change of the
defendant’s statement
Article 96
(1) Questions shall be put to the defendant in a clear, comprehensible and precise manner so that he can perfectly understand them. The hearing must not be based on the assumption that the defendant has admitted to something that he has not, nor must leading questions be asked.

Part One
GENERAL PART

Chapter I
BASIC PROVISIONS

Presumption of Innocence

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.