Article 12 The human right to freedom is irrevocable.
No person's freedom can be restricted except by a court decision or in cases and procedures determined by law . .
Persons summoned, apprehended or detained shall immediately be informed of the reasons for the summons, apprehension or detention and on their rights. They shall not be forced to make a statement. .
A person has a right to an attorney in police and court procedure. Persons detained shall be brought before a court as soon as possible, within a maximum period of 24 hours from the moment of detention, and the legality of their detention shall there be decided upon without delay. .
Detention may last, by court decision, for a maximum period of 90 days from the day of detention.
Persons detained may, under the conditions determined by law, be released from custody to conduct their defence. .
PART ONE GENERAL PROVISIONS
Chapter I BASIC PRINCIPLES
Article 4
(2) Every accused has the following minimum rights:
- To have adequate time and facilities for the preparation of his defence and to communicate with a counsel of his own choosing ;
PART ONE GENERAL PROVISIONS
Chapter I BASIC PRINCIPLES
Article 4
(2) Every accused has the following minimum rights:
- 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 ;
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 67
(1) When there are no conditions for obligatory defence and the procedure is conducted for a crime for which a sentence to over one year is proscribed according to the Code, on his request the accused can be assigned a counsel, if his property condition does not allow him to bear the defence expenses.
(2) A request for a counsel assignment according to paragraph 1 of this Article can be submitted only after the prosecution act is brought. The Chairman of the Chamber decides on the request, and the President of the Court assigns the 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 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 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 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.
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:
(d) Subject to article 63, paragraph 2, to be present at the trial, to conduct the defence in person or through legal assistance of the accused's choosing, to be informed, if the accused does not have legal assistance, of this right and to have legal assistance assigned by the Court in any case where the interests of justice so require, and without payment if the accused lacks sufficient means to pay for it;