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. .
''Violation of the right to submit a legal means, Article 153''
(1) A person who prevents another in using their right to defense, to submit a
complaint or some other legal means, by force or by serious threat, shall be
punished with a fine, or with imprisonment of up to one year.
(2) If the crime from paragraph 1 is committed by an official person by
misusing their official position or authorization, they shall be punished with
imprisonment of three months to three years.
(3) If the criminal act from the present Article is committed by a legal
entity, it shall be punished with a fine.
(4) The prosecution of the crime from paragraph 1 is undertaken upon
private suit.
PART ONE GENERAL PROVISIONS
Chapter I BASIC PRINCIPLES
Article 3
(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 .
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 XVIII INVESTIGATING ACTS
4. Examination of the accused
Article 210
(8) The accused may be examined in absence of a counsel only if he has explicitly denied his right, and his defence is not compulsory or if within 24 hours from the moment he has been instructed of his right (Article 63, paragraph 2) he does not provide himself a counsel unless in case of a compulsory defence .
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:
(c) To have legal assistance of the person's choosing, or, if the person does not have legal assistance, to have legal assistance assigned to him or her, in any case where the interests of justice so require, and without payment by the person in any such case if the person does not have sufficient means to pay for it; and