Rights during trial - adequate preparation of defence

Kosovo

Kosovo - Constitution 2008 (2016) EN

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

3.to have adequate time, facilities and remedies for the preparation of his/her
defense;

Kosovo - Criminal Code 2019 EN

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 TWO CRIMINAL PROCEEDINGS
CHAPTER XIX MAIN TRIAL
SUB – CHAPTER I PREPARATION FOR THE MAIN TRIAL
Article 282
Persons Summoned to Main Trial
1. The persons summoned to appear at the main trial include the accused, his defense counsel,
the state prosecutor, the injured party or victim and victim advocate or victim’s representative,
as well as the interpreter. Witnesses and expert witnesses proposed by the state prosecutor in
the indictment and by the accused under Article 250 of the present Code are also summoned
to the main trial.
2. Article 172 of the present Code applies to the contents of the summonses served on the
accused and witnesses. When defense is not mandatory, the accused is instructed in the
summons that he has the right to engage defense counsel but that the main trial need not be
postponed because defense counsel has not come to the main trial or because the accused has
engaged defense counsel at the main trial.
3. The accused is served with the summons no less than eight (8) days before the main trial so
as to have sufficient time between the service of the summons and the day of the main trial to
prepare his defense. At the request of the accused, or at the request of the state prosecutor and
with the agreement of the accused, this prescribed period of time may be shortened.
4. The injured party who has not been summoned to appear as a witness is informed in a
summons that the main trial may be held in his absence and that his statement on a property
claim shall be read.
5. The accused, witness and expert witness are informed in the summonses of the consequences
of failure to appear at the main trial.
6. At the request of the Ombudsperson of Kosovo, the Ombudsperson is also notified of the
main trial for the purpose of monitoring the criminal proceedings within the limits of his authority.

PART TWO CRIMINAL PROCEEDINGS
CHAPTER XIX MAIN TRIAL
SUB – CHAPTER XII AMENDMENTS AND EXTENSION OF THE INDICTMENT
Article 349
Extension of Indictment at the Main Trial
2. In such case, the court may recess the main trial to give the defense time to prepare, and
after hearing the parties it may decide that the accused be tried separately for the offense under
paragraph 1 of the present Article.

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:

(b) To have adequate time and facilities for the preparation of the defence and to communicate freely with counsel of the accused's choosing in confidence;