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 I
GENERAL PROVISIONS
Chapter VII
EVIDENTIARY ACTIONS
3. Examination of the defendant
Basic rules for the examination of the defendant
Article 95
(2) The defendant shall be instructed that he shall be bound to appear upon a summons and immediately notify the court of any changes of his address or of intention to change his place of residence, and shall be warned of the consequences if he does not act accordingly. Thereafter, the defendant shall be informed of his rights referred to in Article 5 paragraphs 1, 6 and 7 of the present Code as well as of:
3) that he is under no obligation to present his defense or answer any of the questions;
Part II
THE COURSE OF PROCEEDINGS
A. CRIMINAL OFFENSE REPORT, PRELIMINARY INVESTIGATION AND NOTIFICATION OF CRIMINAL OFFENCE
Chapter XIX
PRELIMINARY INVESTIGATION AND SUBMISSION OF NOTIFICATION ON CRIMINAL OFFENCE
Interrogation of a suspect in preliminary investigation
Article 260
(1) If the police authority in the course of collecting information assesses that a summoned citizen may be deemed as a suspect, it is obligated immediately to inform him that he is considered a suspect, of a criminal offence he is charged with and the grounds for suspicion, that he does have the right to remain silent and not provide answers to the questions asked, as well as that anything he says may be used as evidence against him in the criminal proceeding. The suspect is informed of his right to retain a defense counsel who shall be present in the course of his further interrogation, that if he had retained defense counsel or in cases of mandatory professional defense he is not obligated to provide answers to questions asked without presence of the defense counsel, and shall in case of confinement (Article
264) be notified of the rights referred to in Article 5 of the present Code and be allowed to invoke the rights referred to in Article 263 paragraph 1 of the present Code.
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 ;
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.
2. Where there are grounds to believe that a person has committed a crime within the jurisdiction of the Court and that person is about to be questioned either by the Prosecutor, or by national authorities pursuant to a request made under Part 9, that person shall also have the following rights of which he or she shall be informed prior to being questioned:
(b) To remain silent, without such silence being a consideration in the determination of guilt or innocence;