Rights during investigation - self incrimination

Serbia

Constitution of the Republic of Serbia

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.

PART TWO
HUMAN AND MINORITY RIGHTS AND FREEDOMS

1. Fundamental Principles

Special rights of persons charged with criminal offense
Article 33

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.

Criminal Procedure Code

Part I
GENERAL PROVISIONS

Chapter I
BASIC RULES


Defendant's right to a defense
Article 5

(3) The defendant may not be forced to testify against himself or to admit his guilt.

Part One
GENERAL PART

Chapter VI
THE DEFENDANT AND DEFENCE COUNSEL

1 The Defendant

The Defendant’s Rights
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 ;

Part One
GENERAL PART

Chapter VI
THE DEFENDANT AND DEFENCE COUNSEL

1 The Defendant

The Defendant’s Rights
Article 68

The defendant is entitled :

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 ;

Law on cooperation with the International Criminal Court

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.

Rome Statute

Article 55 Rights of persons during an investigation

1. In respect of an investigation under this Statute, a person:

(a) Shall not be compelled to incriminate himself or herself or to confess guilt;