Article 11
The human right to physical and moral dignity is irrevocable.
Any form of torture, or inhuman or humiliating conduct or punishment, is prohibited. Forced labour is prohibited .

Article 13
A person indicted for an offence shall be considered innocent until his/her guilt is established by a legally valid court verdict. .

A person unlawfully detained, apprehended or convicted has a right to legal redress and other rights determined by law. .

AMENDMENT III
1. Detention until the indictment may last, by a court decision, for a maximum period of 180 days from the day of detention.
After the indictment, detention may be prolonged or determined by a competent court in case and in procedure prescribed by law.
2. This amendment replaces Paragraph 5 of Article 12 of the Constitution. .

PART ONE GENERAL PROVISIONS
Chapter I BASIC PRINCIPLES

Article 2
(1) Everyone charged with a criminal offence will be presumed innocent until proved guilty by a legally valid verdict.
(2)For the existence or not existence of facts which compose the characteristics of crime or upon which the implementation of a certain provision of the Criminal Code depends, will be decided by the court in a more favourable manner for the accused .

PART ONE GENERAL PROVISIONS
Chapter I BASIC PRINCIPLES

Article 3
(1) Anyone who is summoned, apprehended or arrested, must immediately be informed, in the language which he understands, of the reasons for his summoning, apprehension or arrest and of any charge against him, as well as about his rights and that he cannot be compelled to make a statement .
(2) The suspect, , must at first and clearly be instructed on his right to remain silent; his right to consult and to have a counsel of his own choosing present at the questioning, as well as his right that a member of his family or a relative to be informed of his apprehension or arrest .
(3) The arrested person must immediately or at the most 24 hours from his arrest be brought before court, where the court without any delay will decide on the legality of his arrest .

PART ONE GENERAL PROVISIONS
Chapter I BASIC PRINCIPLES

Article 4
(1) Everyone charged with a criminal offence shall have the right to a fair and public hearing within a reasonable time and before a competent, independent and impartial tribunal, established by law .
(2) Every accused has the following minimum rights:
- To be informed immediately and in detail, in a language which he understands, of the crime he is imposed on and the evidence against him ;
- To have adequate time and facilities for the preparation of his defence and to communicate with a counsel of his own choosing ;
- to be tried in his presence and to defend himself in person or by legal assistance of his own choosing and to have legal assistance assigned to him, in any case where the interests of justice so require, and without payment by him in any such case if he does not have sufficient means to pay for it ;
- Not to be compelled to give a statement against himself or his relatives or to confess guilt ;
- to be present during the examination of the witnesses and to be able to ask questions himself .

PART ONE GENERAL PROVISIONS
Chapter I BASIC PRINCIPLES

Article 7
(1) A representative of the minorities- citizen of the Republic of Macedonia in the court procedure has the right to use the language of his nationality and his alphabet. The court and the other competent state organs which are undertaking activities in the procedure, must provide the person with an interpreter free of charge. The Court shall provide a written translation of the written material which is of importance for the procedure or for the defence of the accused.
(2) Other parties, witnesses and participants in the court procedure have the right to a free assistance of an interpreter if they do not understand or speak the language in which the procedure is performed.
(3) The person will be instructed of his right to an interpreter. It will be notified in the record both about the given instruction and the statement of the person.
(4) The interpretation is conducted by a legal interpreter .

Article 8
(1) Charges (prosecution acts, prosecution proposals, and private charges), appeals and other petition requests are directed to the court in the official language.
(2) A representative of the minorities, citizen of the Republic of Macedonia has the right to direct the petition requests to the court in the language and alphabet of his or her nationality. In such an instance, the court translates the petition requests and so translated delivers them to the other parties in the procedure.
(3) Everyone who does not speak or understand the Macedonian language and its Cyrillic alphabet may direct the petition requests to the court in his or her language and alphabet. In such instances, the court proceeds according to paragraph 2 of this Article.
(4) An arrested foreign citizen has the right to direct his petition request in his native language to the court, and in other cases- under the condition of reciprocity.

PART ONE GENERAL PROVISIONS
Chapter I BASIC PRINCIPLES

Article 10
It is forbidden and punishable to extract a confession i.e. a statement from the accused or from other persons who have participated in the procedure .

Article 11
A person illegally arrested, detained or illegally convicted has a right to compensation for damage from the budget of Republic of Macedonia, has a right to be rehabilitated and has other rights established by law .

Article 12
If the accused or other persons who participates in the procedure and who ignorantly misses any act of the procedure, therefore not using his or her rights, he or she will be instructed by the court on his or her rights which he or she can lawfully exercise and on the consequences of not using the acts.

Article 13
The court is obliged to attempt the procedure to be enforced without delay .

Article 14
(1) The court and the state bodies participating in the criminal procedure are bound truly and fully to establish facts which are important for bringing the legal decision.
(2) The court and the state bodies are obliged with equal attention to investigate and establish both facts on behalf of the accused and facts against him .

PART ONE GENERAL PROVISIONS
Chapter III EXCLUSION

Article 36
(1) A judge or a lay judge must not exercise his obligations:
a) if he is damaged with a crime;
b) if the accused, his counsel, prosecutor, damaged, his defence attorney or authorised representative is his marital i.e. illegitimate spouse or a blood relative according to law to whichever degree of kinship, a distant relative to the fourth degree and an in- law to the second degree;
c) if with the accused, his counsel, prosecutor or with the damaged is in the relationship of a guardian, a person under guardianship, one who adopts, an adopted child, one who fosters or a foster child;
d) if in the same criminal case he was investigating or he participated in the examination of the accusation before the trial or participated in the procedure as a prosecutor, counsel, defence attorney or authorised representative for the damaged i.e. the plaintiff or was at the hearing as a witness or as an expert;
e) if in the same case he participates in the decision bringing of the lower court or if in the same court he participated in the decision bringing which is cancelled with an appeal;
(2) Apart from the cases stated in paragraph (1) of this Article, a Judge or a Lay Judge can be excluded in performing of a court duties in case when there is submission of the evidence which doubt the judge’s impartiality.

PART ONE GENERAL PROVISIONS
Chapter VI COUNSEL

Article 63
(1) Everyone has a right to a counsel in the pre-investigative and in the court procedure.
(2) The person under suspicion in the pre-investigative procedure, i.e. the accused, before the first questioning must be instructed that he has a right to have a counsel of his own choosing and that the counsel may attend his questioning.
(3) His authorised representative, marital i.e. illegitimate spouse, a blood relative of first degree, a person who has adopted, an adopted child, a brother, a sister and a person who has sustained can provide a counsel for the accused.
(4) Only a lawyer can be a counsel for the defence.
(5) The counsel is obliged to submit an authorisation to the body before which the procedure is conducted. The accused can allow the counsel an oral authorisation for the register before the body where the procedure is conducted .

PART ONE GENERAL PROVISIONS
Chapter VI COUNSEL

Article 70
If the accused is detained, he can freely and without supervision correspond and communicate with his counsel. Exceptionally, during the investigation, the investigating judge may subdue this right to supervision, if the detention is determined under Article 184, paragraph 1, item 2, and there is a grounded suspicion that the accused might abuse the communication with his counsel .

PART ONE GENERAL PROVISIONS
Chapter VI COUNSEL

Article 71-a
(1) The defence lawyer for the purposes of the defence, in accordance with the law may request provision of data and information from the state organs, from the organs of the state administration, from the institutions dealing with the public authorisations, and from the organs of the local self governments units, to requests also delivery of certain documents, files and information, to make consultation and to obtains opinions from the experts in particular area.
(2) The subjects from the paragraph (1) of this article act in regard of the defence request within period of 30 days from the day when the request has been received, but in case when in the procedure the custody measure was determined the subjects aforementioned have to react in time of three days from the day when they have received the defence lawyer request, if something else is not determined with another law .

PART TWO COURSE OF PROCEDURE
Chapter XVI INVESTIGATION

Article 161
(2) The prosecutor, damaged, accused, and counsel have a right to be present at the inspection and at the hearing of the experts .

PART TWO COURSE OF PROCEDURE
Chapter XVI INVESTIGATION

Article 161
(4) At the hearing of the witness the prosecutor, the accused and the counsel have a right to be present when it is likely that the witness will not attend the trial, when the investigating judge finds it necessary or when one of the parties has requested to attend the hearing. The damaged may be present at the hearing of the witness only when it is probable that the witness will not attend the trial .

PART TWO COURSE OF PROCEDURE
Chapter XVI INVESTIGATION

Article 161
(7) Persons present at the investigating acts may propose to the investigating judge the accused, the witness or the expert to be examined in order the issues to be clarified, and if the investigating judge allows it, the persons present at the investigating acts may ask questions themselves. These persons have a right to request there notes to be included in the minutes considering the conduct of certain acts, and they may propose certain evidence to be presented .

PART TWO COURSE OF PROCEDURE
Chapter XVI INVESTIGATION

Article 166
(1) If before the completion of the investigation, the investigating judge finds that it is on behalf of the defence, the accused and his council to be introduced to important evidence collected during the investigation, he will inform them within certain period that they can have an access to the material and records referring to the evidence and that they may give proposals for presentation of new evidence.
(2) When the certain period expires or if the proposal for the presentation of evidence is not accepted, the investigating judge will act according to Article 167 of this Code .

PART TWO COURSE OF PROCEDURE
Chapter XVII MEASURES FOR SECURING PRESENCE OF THE ACCUSED AND FOR SUCCESSFUL PERFORMANCE OF THE CRIMINAL PROCEDURE
8. Detention

Article 185
(4) If the accused does not chose himself a counsel, with a decision he will be assigned a counsel ex officio (Article 66, paragraphs 2 and 5). In case the President of the Court is impeded, the investigating judge will assign a counsel .

PART TWO COURSE OF PROCEDURE
Chapter XVII MEASURES FOR SECURING PRESENCE OF THE ACCUSED AND FOR SUCCESSFUL PERFORMANCE OF THE CRIMINAL PROCEDURE
8. Detention

Article 186
(1) The investigating judge is obliged to the person deprived from his freedom who was apprehended, immediately to instruct him that he may have a counsel who may attend his examination and if necessary- to help him find a counsel. If within 24 hours from the time of the instruction, the arrested person does not provide a counsel to be present, the investigating judge is obliged to examine the person immediately.
(2) If the arrested chooses not to have a counsel, the investigating judge is obliged to examine him without any delay.
(3) In case of a compulsory defence (Article 66, paragraphs 1 and 2), the arrested does not have a counsel within 24 hours from the time when he was instructed on that right or if he states that he chooses not to have a counsel, a counsel will be appointed ex officio .

PART TWO COURSE OF PROCEDURE
Chapter XVII MEASURES FOR SECURING PRESENCE OF THE ACCUSED AND FOR SUCCESSFUL PERFORMANCE OF THE CRIMINAL PROCEDURE
8. Detention

Article 186-a
(1) The investigative judge can upon the proposal of the public prosecutor with written decision to determine to the person deprived of freedom a short term pre-trial custody up to 48 hours in case when he founds that there is ground for suspicion that this person is the perpetrator of the criminal act which is imposed to him and that there is a base for

determining the measure pre-trial custody under article 184 paragraph (1) of this law, if the public prosecutor has still not submitted request for conducting an investigation or immediate accusation against that person.
(2) If the public prosecutor after the expiration of the 48 hours term does not submit proposal for determining pre-trial detention in accordance with the article 184 of this law , the accused will be set free.
(3) The investigative judge can upon the proposal of the public prosecutor with written and justified decision determine to the detained person a short time pre-trial custody of 24 hours if he concludes that there is ground for suspicion that detained person is the perpetrator of the criminal act if the circumstances under article 184 paragraph (1) line 1) and 2) of this law, and that is necessary for determination of the identity and to check his alibi. The short time pre-trial custody can be extended for 24 hours at most.
(4) The decision for short time pre-trial custody from the paragraphs 1 and 2 is given to the person against who this measure is determined and to the competent public prosecutor.
(5) An appeal is allowed to be submitted against the decision of the paragraph 3 of this article, within 5 hours from the reception of the decision to the council mentioned in the article 22, paragraph 6 of this law that is obliged to proceed upon the appeal within 3 hours of the reception .

PART TWO COURSE OF PROCEDURE
Chapter XVII MEASURES FOR SECURING PRESENCE OF THE ACCUSED AND FOR SUCCESSFUL PERFORMANCE OF THE CRIMINAL PROCEDURE
9. Procedure with the detained

Article 193
(1) During the detention, the personality and dignity of the accused must not be offended.
(2) Against the detained must be applied only the limitations necessary to avoid escape and an agreement which could be harmful for a successful performance of the procedure. (3)Persons of opposite sex cannot be locked in the same room. It is determined with a regulation that persons who have participated in the same crime or persons which are serving sentence cannot be put in to the same room with detained persons. If it is possible, persons which committed crimes again will not be put into the same room with arrested persons on whom they might have bad influence

Article 194
(1) The detained persons have a right to an eight- hour continuous rest within 24 hours. Apart from that, they will be allowed to walk in an open area within the prison for at least two hours a day.
(2) The detained have a right to be fed on their own expense, to wear their own clothes and to use their own bed linen, at their expense to provide books, newspapers, magazines and other things appropriate to their habits and needs, unless it is harmful for the successful conduct of the procedure. The body which conducts the investigation decides on that.
(3) The detained may be used to cater for the maintenance of the hygiene of the room where he is settled. The detainee maintains the hygiene within the detention room If the detained requests from the investigating judge i.e. Chairman of the Council, with the agreement of the management of the prison, it may be allowed for the detained to work within the prison on chores which suit his psychical and physical abilities, under the condition that it would not be harmful for the conduct of the procedure.
(4) The Minister of Justice by subordinate legislation will determine the way of the acceptance and deploying of the detainees in the penitentiary.
.

PART TWO COURSE OF PROCEDURE
Chapter XVIII INVESTIGATING ACTS
4. Examination of the accused

Article 210
(2) Afterwards the accused will be informed of his accusation and for the grounds of suspicion against him and he will be asked what he has to state in his defence and he will be informed that he is not obliged to speak for his defence nor answer the questions .

PART TWO COURSE OF PROCEDURE
Chapter XVIII INVESTIGATING ACTS
4. Examination of the accused

Article 211
(1) The questions for the accused are to be set clearly and explicitly for him to understand them fully. In the examination, it must not be approached as if the accused has confessed something which he has not, nor any questions may be set in the way that the answers are already contained in them. Deceit must not be used against the accused in order to extort his statement or confession.
(2) If the latter statements of the accused differ from the former ones, especially if the accused revokes his confession, he will be asked to state his reasons for the different statements i.e. why he revokes his confession .

PART TWO COURSE OF PROCEDURE
Chapter XVIII INVESTIGATING ACTS
4. Examination of the accused

Article 216
(1) The examination of the accused will be performed by an assistance of an interpreter in cases proscribed in this Code.
(2) If the accused is deaf, he will receive his questions in writing, and if he is dumb, he will answer in writing. If the examination cannot be performed in this manner, a person who can communicate with the accused functioning as an interpreter will be called.
(3) If the interpreter is not under oath, he will take an oath that he will translate originally
and faithfully the questions directed to the accused and his statements.
(4) Provisions of this Code referring to the experts are accordingly applied to the interpreters .

PART TWO COURSE OF PROCEDURE
Chapter XXII TRIAL
1. Publicity at the trial

Article 279
(1) The trial is public.
(2) Adults may be present at the trial.
(3 )The Persons present at the trial are prohibited to have guns or dangerous kits except, the representatives of the court police and the representatives of the security service in the punish –corrective institutions who can be armed”

Article 280
From the beginning to the end of the trial the Chamber may at any time ex officio or on the proposal on the parties or the victim but always after their hearing exclude the public from the trial or from a part of it if it is necessary a secret to be kept, the public order to be restored, the morality to be protected, the personal and private life of the accused to be protected, the witness or the damaged to be protected, the endangered witness to be protected and the interests of the minor to be also protected.

PART TWO COURSE OF PROCEDURE
Chapter XXII TRIAL
3. Presumptions for holding the trial

Article 291
(1) If at the trial appointed on the bases of the prosecution act by the public prosecutor, the public prosecutor or the person who stands for him does not come, the trial will be postponed.
(2) If at the trial does not come the damaged as a plaintiff or the private prosecutor or their defence attorney although they were summoned, the Chamber will interrupt the procedure with a decision.

PART TWO COURSE OF PROCEDURE
Chapter XXII TRIAL
3. Presumptions for holding the trial

Article 292
(1) If the accused was summoned but does not attend the trial nor he justifies his absence, the Chamber will order the accused to be apprehended forcefully. If the apprehension could not be performed immediately, the Chamber will decide the trial not to be held and will order the accused to be apprehended forcefully at the next trial. If by the time of his apprehension the accused justifies his absence, the Chairman of the Chamber will revoke the order for a forceful apprehension.
(2) If the summoned accused has obviously been avoiding the attending of the trial, and there are no reasons for pre- trial detention under Article 184 of this Code, the Chamber may determine a pre- trial detention in order the presence of the accused at the trial to be secured. The appeal does not keep from execution of the decision for a pre- trial detention. For a pre- trial detention determined for this reason accordingly are applied provisions from Articles 183 to 197 of this Code. If not revoked before, the pre- trial detention lasts until the pronouncement of the verdict and for at most 30 days.
(3) The accused may be judged in absence only if he is a fugitive or not available to the state agencies and there are particularly significant reasons to be prosecuted although absent.
(4) A decision for prosecution in absence of the accused is brought by the Chamber on the proposal of the prosecutor. The appeal does not keep from the execution of the decision .

PART TWO COURSE OF PROCEDURE
Chapter XXII TRIAL
3. Presumptions for holding the trial

Article 293
If at the trial the summoned counsel does not come or if the counsel leaves the trial without an approval, and if there are no possibilities another counsel to come immediately, without inflicting the defence, the trial will be postponed. In such a case with a decision the Chamber will decide the counsel to bear the expenses due to the postponing but only if that may be prescribed against him.