''Chapter II: Fundamental Rights and Freedoms, Article 29: Right to Liberty and Security''
3. Everyone who is deprived of liberty shall be promptly informed of his/her right not to make any statements, right to defense counsel of her/his choosing
''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.
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 IX INITIATION OF INVESTIGATIONS AND CRIMINAL PROCEEDINGS
SUB – CHAPTER IV INITIATION OF CRIMINAL PROCEEDINGS
D. PRETRIAL EXAMINATION OF THE DEFENDANT
Article 150
Conduct of Pretrial Examination of the Defendant
1. The examination of the defendant shall be conducted in compliance with Article 149,
paragraph 1. of this Code.
2. Before any examination, the defendant, whether detained or at liberty, shall be read the
warning in Article 122, paragraph 3. of this Code.
3. Before any examination, the defendant shall be informed of:
3.1. the criminal offense of which he is suspected of;
3.2. the fact that he may request evidence to be taken in his defense. If the defendant is
in detention on remand, he shall also be informed before any examination of his right to
have defense counsel provided if he cannot afford to pay for legal assistance.
3.3. the right to remain silent and not to answer any questions, except to give information
about his identity.
4. The defendant has the right to consult with his defense counsel prior to as well as during the
examination.
5. An examination of the defendant by the police or state prosecutor when acting under the
present Article shall be audio or video-recorded in accordance with Article 205 or Article 206 of
this Code. In cases where this is impossible in practice, a written record of the examination shall
be made in accordance with Chapter XI of this Code and the record shall specify the reasons
why the examination could not be audio or video-recorded.
PART TWO CRIMINAL PROCEEDINGS
CHAPTER X DEPRIVATION OF LIBERTY PRIOR TO INDICTMENT AND MEASURES TO ENSURE PRESENCE OF THE DEFENDANT
SUB – CHAPTER II DEPRIVATION OF LIBERTY PRIOR TO INDICTMENT
Article 165
Informing the Arrested Person of his Rights
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;