PART ONE GENERAL PROVISIONS
CHAPTER I FUNDAMENTAL PRINCIPLES AND DEFINITIONS
Article 11
Adequacy of Defense
1. The defendant shall have the right to have adequate time and facilities for the preparation of
his defense.
2. The defendant shall have the right to defend himself in person or through legal assistance by
a member of the Kosovo Bar Association of his own choice.
3. Subject to the provisions of this Code, if the defendant does not engage a defense counsel in
order to provide for his defense and if defense is mandatory, an independent defense counsel
having the experience and competence commensurate with the nature of the offense, shall be
appointed for the defendant.
4. Under the conditions provided by this Code, if the defendant has insufficient means to pay
for legal assistance and for this reason cannot engage a defense counsel, an independent
defense counsel having the experience and competence commensurate with the nature of the
offense, shall be appointed for the defendant on his request and paid from budgetary resources
if required by the interests of justice.
5. At the first examination, first appearance or first notification that he is a defendant in the
criminal proceedings, the court or other competent authority conducting criminal proceedings
shall inform the defendant of his right to a defense counsel, as provided for by this Code.
6. In accordance with the provisions of this Code, any person deprived of liberty shall have the
right to the services of a defense counsel from the moment of arrest.

PART ONE GENERAL PROVISIONS
CHAPTER V DEFENSE COUNSEL
Article 52
Defendant’s Right to Defense Counsel
1. The suspect and the defendant have the right to be assisted by a defense counsel during all
stages of the criminal proceedings.
2. Before every examination of the suspect or the defendant, the police or other competent
authority, the state prosecutor, the pretrial judge, the single trial judge or the presiding trial judge
shall instruct the suspect or the defendant that he has the right to engage a defense counsel
and that a defense counsel can be present during the examination.
3. Where there is no mandatory defense, the right to the assistance of a defense counsel may
be waived, if such waiver is made following clear and complete information on his right to the
defense being provided. A waiver must be in writing and signed by the suspect or the defendant
and the witnessing competent authority conducting the proceedings, or made orally on video or
audio-tape, which is determined to be authentic by the court.
4. Persons under the age of eighteen (18) may not waive the right to the assistance of defense
counsel.
5. Persons who display signs of mental disorder or disability may not waive their right to the
assistance of defense counsel.
6. If a suspect or defendant who has made a waiver subsequently reasserts the right to the
assistance of defense counsel, he or she may immediately exercise the right.
7. If the suspect or the defendant does not engage a defense counsel on his own, his legal
representative, spouse, extramarital partner, blood relation in a direct line, adoptive parent,
adopted child, brother, sister or foster parent may engage defense counsel for him, but not
against his will.

PART ONE GENERAL PROVISIONS
CHAPTER V DEFENSE COUNSEL
Article 54
Limits of Representation by Defense Counsel
2. A defendant may have up to three (3) defense counsel, and it shall be considered that the
right to defense shall be considered satisfied if one of the defense counsel is participating in the
proceedings.

PART ONE GENERAL PROVISIONS
CHAPTER V DEFENSE COUNSEL
Article 56
Mandatory Defense
1. The defendant must have a defense counsel in the following cases of mandatory defense:
1.1. from the first examination, until the conclusion of the criminal proceedings with a
final decision, when the defendant is mute, deaf, or displays signs of mental disorder or
disability and is therefore incapable of effectively defending himself;
1.2. at arrest, hearings on detention on remand and throughout the time when he is in
detention on remand;
1.3. from the moment of the first examination for a criminal offense punishable by
imprisonment of at least five (5) years;
1.4. for proceedings under extraordinary legal remedies when the defendant is mute, deaf,
or displays signs of mental disorder or disability or a punishment of life long imprisonment
has been imposed;
1.5. in all cases when a defendant seeks to enter an agreement to plead guilty; or
1.6. in all cases where the defendant is tried in absentia pursuant to Article 303 of this
Code.
2. In a case of mandatory defense, if the defendant does not engage a defense counsel and
no one engages a defense counsel on his behalf under Article 52, paragraph 7. of this Code,
the competent judge or other competent authority conducting the proceedings, shall appoint ex
officio a defense counsel at public expense. If a defense counsel is appointed ex officio from
the moment of the first examination, the defendant shall be informed of this at the same time as
the indictment is served.
3. In a case of mandatory defense, if the defendant remains without a defense counsel in the
course of the proceedings and if he fails to obtain another defense counsel, the competent
judge or other competent authority conducting the proceedings shall appoint ex officio a new
defense counsel at public expense.
4. A legal person is not entitled to a defense counsel appointed at public expense.
5. In cases of mandatory defense, the right to a defense counsel may be waived in accordance
with Article 52, paragraph 3. of this Code. In such cases, the counsel assigned ex officio shall be
held to act as “standby counsel” with the sole responsibility of being present and to advise the
suspect or the defendant throughout the proceedings. If the suspect or the defendant withdraws
the waiver, the standby counsel shall become the defense counsel.

PART TWO CRIMINAL PROCEEDINGS
CHAPTER XIX MAIN TRIAL
SUB – CHAPTER IV PRECONDITIONS FOR THE MAIN TRIAL
Article 304
Failure of Defense Counsel to Appear at Main Trial
1. If a duly summoned defense counsel fails to appear at the main trial without notifying the
court of the reason for his absence as soon as he learns about it, or if the defense counsel
leaves the main trial without permission of the single trial judge or trial panel, the court asks
the accused to engage immediately another defense counsel. If the accused fails to do so and
it is impossible to appoint a defense counsel without prejudicing the defense, the main trial is
adjourned.

PART TWO CRIMINAL PROCEEDINGS
CHAPTER XIX MAIN TRIAL
SUB – CHAPTER VII COMMENCEMENT OF THE MAIN TRIAL AND THE PLEA OF THE ACCUSED
Article 319
Instructions to the Accused
1. The single trial judge or presiding trial judge invites the accused to follow closely the course
of the main trial and instructs him that he may state his case, address questions to the co-
accused, witnesses and expert witnesses, and make comments on and give explanations of
their testimony.
2. The single trial judge or presiding trial judge then instructs the accused:
2.1. that he has a right not to give testimony in connection with his case or to answer any
questions;
2.2. that if he gives testimony, he is not obliged to incriminate himself or his next of kin,
nor to confess guilt;
2.3. that he may defend himself in person or through legal assistance by a defense
counsel of his own choice; and
2.4. of consequences related to Articles 299 paragraph 1 and 349 paragraph 1 of this
Code.

PART FOUR SPECIAL PROCEEDINGS
CHAPTER XXXIII CRIMINAL PROCEEDINGS INVOLVING PERPETRATORS WITH A MENTAL DISORDER
Article 517
Right to Defense Counsel
The perpetrator shall have defense counsel during proceedings to modify or terminate a
measure of mandatory psychiatric treatment.