Rights during investigation - self incrimination

Kosovo

Kosovo - Constitution 2008 (2016) EN

''Chapter II: Fundamental Rights and Freedoms, Article 30: Rights of the Accused ''

6.to not be forced to testify against oneself or admit one's guilt.

Kosovo - Criminal Procedure Code (2022)

PART ONE GENERAL PROVISIONS
CHAPTER I FUNDAMENTAL PRINCIPLES AND DEFINITIONS
Article 10
Notification on the Reasons for the Charges, the Privilege against Self-incrimination
and Prohibition against Forced Confession
1. At his arrest and during the first examination, first appearance or first notification that he is a
defendant in the criminal proceedings, the defendant shall be promptly informed in a language
that he understands and, in detail, of the nature and reasons for the charge against him.
2. At his arrest and during the first examination, first appearance or first notification that he
is a defendant in the criminal proceedings or anytime during the criminal proceedings, the
defendant shall not be obliged to plead his case or to answer any questions and, if he pleads
his case, he shall not be obliged to incriminate himself or his next of kin nor to confess guilt. This
right is not implicated when a defendant has voluntarily entered into an agreement to cooperate
with the state prosecutor.
3. The defendant or any other participant in the proceedings shall be prohibited and punished
according to the law in force to impose a confession of guilt or any other statement by the use
of torture, force, threat or under the influence of drugs, or other similar measures.

PART TWO CRIMINAL PROCEEDINGS
CHAPTER XVI INDICTMENT AND PLEA STAGE
Article 241
Plea
1. At the beginning of the initial hearing the single trial judge or presiding trial judge instructs
the defendant of the rights not to plead his case or to answer any questions and, if he pleads
his case, not to incriminate himself or his close relative, nor to confess guilt; to defend himself
in person or through legal assistance by a defense counsel of his own choice; to object to the
indictment; and to challenge the admissibility of evidence presented in the indictment.
2. The single trial judge or presiding trial judge then satisfies himself that the right of the
defendant to defense counsel has been respected and that the state prosecutor has fulfilled the
obligation relating to the disclosure of evidence under Article 239 of this Code.
3. The state prosecutor reads the indictment to the defendant, excluding the parts of the
indictment specified in paragraph 3. of Article 237 of this Code, unless the defendant agrees to
waive the reading of the indictment. If the defendant waives the reading of the charges in the
indictment against him, the state prosecutor summarizes the content of the indictment.
4. The single trial judge or presiding trial judge satisfies himself that the defendant understands
the indictment and afford the defendant the opportunity to plead guilty or not guilty. If the
defendant has not understood the indictment, the single trial judge or presiding trial judge calls
on the state prosecutor to explain it in a way the defendant may understand without difficulty.
If the defendant does not want to make any statement regarding his guilt, he is considered to
have pleaded not guilty.
5. If the defendant decides to enter a guilty plea, the procedures of Article 230 of this Code
apply.

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.

Rome Statute

Article 55 Rights of persons during an investigation

1. In respect of an investigation under this Statute, a person:

(a) Shall not be compelled to incriminate himself or herself or to confess guilt;