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 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 IX INITIATION OF INVESTIGATIONS AND CRIMINAL PROCEEDINGS
SUB – CHAPTER IV INITIATION OF CRIMINAL PROCEEDINGS
B. SEARCH AND CONFISCATION
Article 105
Procedure before the Initiation of Search and Rights of Persons
1. Before beginning the execution of the search order, the police shall provide the order to the
person against whom the order is directed and such person shall be informed that he has the
right to contact a lawyer who has the right to be present during the search.
2. If the person requests a lawyer to be present during the execution of the search order, the
police shall postpone execution of the search order until the arrival of the lawyer, but no longer
than two (2) hours after the lawyer has been informed about the search. In the meantime, the
police may restrict the movement of the person concerned and other persons in the premises
that are about to be searched. In order to protect the safety of persons and property or to
prevent the disposition, destruction or loss of evidence or specified property, the police may
begin the search even before the expiration of the time limit for the lawyer to arrive.
3. Before beginning the execution of the search order, the police shall ask the person to
surrender voluntarily the person or the evidence or specified property sought.
4. The execution of the search order may start without the prior presentation of the order or
the prior request for surrender of the person or evidence, or specified property sought if armed
resistance is expected, or if the effectiveness of the search is likely to be undermined if it is not
conducted instantly and without warning, or if a search is conducted on public premises.

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

PART TWO CRIMINAL PROCEEDINGS
CHAPTER X DEPRIVATION OF LIBERTY PRIOR TO INDICTMENT AND MEASURES TO ENSURE PRESENCE OF THE DEFENDANT
SUB-CHAPTER III MEASURES TO ENSURE PRESENCE OF DEFENDANT
B. SUMMONS
Article 172
Summons
3. When summoned for the first time, the defendant shall be advised in the summons of his right
to engage a defense counsel and of the right of the defense counsel to attend his examination.