Rights during trial - remain silent

Kosovo

Kosovo - Criminal Procedure Code (2022)

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.

PART TWO CRIMINAL PROCEEDINGS
CHAPTER XIX MAIN TRIAL
SUB – CHAPTER XI RULES RELATING TO WITNESSES
Article 344
Examination of the Accused
1. The accused has the right to not declare. If he chooses to declare, his testimony is conducted
in accordance with paragraphs 2 through 4 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:

(g) Not to be compelled to testify or to confess guilt and to remain silent, without such silence being a consideration in the determination of guilt or innocence;