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.
GENERAL PROVISIONS
Article 6 Right to defence
1. The defendant has the right to defend himself in person or through the legal assistance of a lawyer. If he has no sufficient means, he shall be guaranteed legal defence by lawyer, free of charge, in the cases provided for by this Code.
2. The lawyer shall assist the defendant to have his procedural rights guaranteed and his legitimate interests protected.
CHAPTER IV THE DEFENDANT
Article 34 Obtaining the defendant status
1. The person to whom a criminal offence is attributed shall obtain the defendant status with the notification of charge , which contains sufficient information [on the reasons] for taking him as a defendant . This document is notified to the defendant and to his lawyer.
If after taking a person as a defendant, new information arise that result in the modification of the charges or their completion, the prosecutor takes a decision [pursuantly] and notifies it to the defendant.
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;
ç) provide defence by himself or with the help of a defence lawyer elected by him;
CHAPTER IV THE DEFENDANT
Article 34/b Rights of arrested or detained person
1. The arrested or detained person, in addition to the rights provided for in letters “a”, “b”, “c”, “ç”, “d”, “dh” and “e”, of paragraph 1, of Article 34/a, of this Code, shall be entitled:
a) to have a confidential meeting with his lawyer, before being questioned for the first time;
b) to access the acts, necessary evidence and the grounds for his arrest or detention;
CHAPTER V THE DEFENDANT’S LAWYER
Article 48 Retained lawyer
1. the defendant is entitled to appoint up to two lawyers.
2. The appointment is made by means of a statement before the proceeding authority or by means of a document given to the lawyer or sent to him by registered mail.
3. The appointment of the lawyer of a person who is detained, arrested or convicted to imprisonment, may be done by his relatives in the forms provided by paragraph 2, unless he has appointed one by himself.
CHAPTER V THE DEFENDANT’S LAWYER
Article 53 Defense lawyer interview with the defendant in pre-trial detention
1. The person arrested in flagrance or under detention has the right to speak with his defense lawyer immediately after arrest or detention.
2. The defendant under pre-trial detention has the right to speak with his defense lawyer since the moment of execution of the precautionary measure.
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.
TITLE IX EXECUTION OF DECISIONS
CHAPTER III EXECUTION OF THE CRIMINAL DECISIONS
SECTION I EXECUTION OF FOREIGN CRIMINAL DECISIONS
Article 514 Conditions for recognition
1. The foreign court decision may not be recognized when:
c) the decision has not been issued by an independent and impartial court or the defendant has not been summoned to appear to trial or he /she has not been granted the right to be questioned in a language he understands and to be assisted by a defence lawyer;
TITLE IX EXECUTION OF DECISIONS
CHAPTER III EXECUTION OF THE CRIMINAL DECISIONS
SECTION I EXECUTION OF FOREIGN CRIMINAL DECISIONS
Article 515 Coercive measures
2. The court, within three days from the execution of the coercive measure, takes measures for the identification of the person and notifies him immediately about the right to have a defence lawyer.
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