Rights during trial - informed promptly and in detail of charges

Kosovo

Kosovo - Constitution 2008 (2016) EN

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

1.to be promptly informed, in a language that she/he understands, of the nature and cause of the accusation against him/her;

Kosovo - Criminal Procedure Code (2022)

PART ONE GENERAL PROVISIONS
CHAPTER I FUNDAMENTAL PRINCIPLES AND DEFINITIONS
Article 5
Right to Fair and Impartial Trial within a Reasonable Time
1. Any suspected or accused person shall be guaranteed a fair and impartial trial.
2. The court shall be bound to carry out proceedings without delay and to prevent any abuse of
the rights of the participants in proceedings.
3. Any deprivation of liberty and in particular detention on remand in criminal proceedings shall
be reduced to the shortest time possible.
4. Anyone who is deprived of liberty by arrest shall be promptly informed, in a language he
understands, of the reasons for the deprivation of liberty. Everyone who is deprived of liberty
without a court order shall be brought before a judge of the Basic Court in the jurisdiction of
arrest within forty-eight (48) hours. That judge shall decide on his detention in accordance with
Chapter X of this Code.

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 240
The Initial Hearing
1. At the initial hearing, the state prosecutor, defendant or defendants, and defense counsel
shall be present.
2. The injured party or the victim and the victim advocate or the victim`s representative shall be
notified of the initial hearing and they shall have the right to be present but their absence shall
not be an obstacle for holding the session.
3. During the initial hearing, the single trial judge or presiding trial judge provides copies of
the indictment to the defendant or defendants, if they have not already received copies of the
indictments despite the state prosecutor’s reasonable effort to deliver them .

Rome Statute

Article 67 Rights of the accused

1. In the determination of any charge, the accused shall be entitled to a public hearing, having regard to the provisions of this Statute, to a fair hearing conducted impartially, and to the following minimum guarantees, in full equality:

(a) To be informed promptly and in detail of the nature, cause and content of the charge, in a language which the accused fully understands and speaks;