Rights during trial - examine witnesses

Serbia

Serbia - Constitution 2006 EN

PART TWO
HUMAN AND MINORITY RIGHTS AND FREEDOMS

1. Fundamental Principles

Special rights of persons charged with criminal offense
Article 33

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.

Serbia - Criminal Procedure Code 2006 EN

Part One
GENERAL PART

Chapter VI
THE DEFENDANT AND DEFENCE COUNSEL

1 The Defendant

The Defendant’s Rights
Article 68

The defendant is entitled :

10) to state his position in relation to all the facts and evidence against him and to present facts and evidence in his favour, to question witnesses for the prosecution and to demand that witnesses for the defence be questioned in his presence, under the same conditions as the witnesses for the prosecution ;

Part Two
COURSE OF THE PROCEEDINGS

Chapter XVIII
TRIAL AND JUDGMENT

1. Trial

b) Holding the Trial

g. Course of the Trial

Prior Verification and Advice on Rights
Article 389

When the president of the panel determines that all the persons summoned have come to the trial, or when the panel decides to hold the trial in the absence of one of the persons summoned, or decides to rule on those questions subsequently, the president of the panel will :

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.

Rome Statute

Article 67 Rights of the accused

1. In the determination of any charge, the accused shall be entitled to a public hearing, having regard to the provisions of this Statute, to a fair hearing conducted impartially, and to the following minimum guarantees, in full equality:

(e) To examine, or have examined, the witnesses against him or her and to obtain the attendance and examination of witnesses on his or her behalf under the same conditions as witnesses against him or her. The accused shall also be entitled to raise defences and to present other evidence admissible under this Statute;