PART TWO THE FUNDAMENTAL HUMAN RIGHTS AND FREEDOMS
CHAPTER II PERSONAL RIGHTS AND FREEDOMS
Article 28
1.Everyone who has been deprived of liberty has the right to be notified immediately, in a language that he understands, of the reasons for this measure, as well as of the charge made against him. The person who has been deprived of liberty shall be informed that he has no obligation to make a declaration and has the right to communicate immediately with a lawyer, and he shall also be given the possibility to realize his rights.
CHAPTER IV THE DEFENDANT
Article 34/a Rights of the defendant
1. The person under investigation or the defendant shall be entitled to:
be informed in a shortest time possible in a language he understands, on the charge for which he is investigated as well as the grounds of the charges;
b) to remain silent or to introduce his defence freely as well as the right not to respond to certain questions;
CHAPTER IV THE DEFENDANT
Article 38 General rules for questioning
The defendant, even if under precautionary detention measure or detained for any other reason, participates freely in the questioning, except in cases when measures must be taken to prevent the risk of escaping or violence.
1. methods or techniques which may influence the freedom of determination or alter the capacity to recall and evaluate facts shall not be used, even with the consent of the defendant.
1. Prior to questioning, the defendant shall be asked expressly whether he has understood his rights, provided in written form, pursuant to Articles 34/a and 34/b of this Code. If the defendant is not informed, since the beginning, about his rights pursuant to the provisions of this Code, his statements may not be used.
CHAPTER IV THE DEFENDANT
Article 39 Questioning on the merits of the case
3. If the defendant refuses to answer, this shall be recorded in the minutes. The minutes shall also mention, if necessary, any physical characteristics and possible distinguishing marks of the defendant.
TITLE V PRECAUTIONARY MEASURES
CHAPTER IIIARREST IN FLAGRANTE DELICTO AND DETENTION
Article 255 Duties of the Judicial police in case of arrest or detention
1. The Judicial police officers and agents who performed the arrest or detention or had the arrested person delivered into their custody must promptly inform the prosecution office of the place where the arrest or detention was carried out. They shall immediately inform the arrested or detained person that he/she is not obliged to make statements and if he/she decides to speak, everything he/she might say, shall be used against him/her in trial. The judicial police officers and agents shall inform the detained or arrested person of the right to choose a defence lawyer and shall then promptly notify the retained lawyer or, as appropriate, the one appointed by the prosecutor. The date, hour and the name of judicial officer that carried out the arrest or detention shall be noted in the minutes.
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;