Chapter Two – Fundamental Human Rights
Article 31 – Procedural rights
No one shall be obliged to prove his/her innocence. The burden of proof shall rest with the prosecution.
Chapter Two – Fundamental Human Rights
Article 31 – Procedural rights
No one shall be obliged to testify against himself/herself or against his/her relatives, as determined by law.
Article 38 – Rights and obligations of the accused
2. Upon arrest, or if a person is not arrested, immediately upon his/her recognition as the accused, also before any interrogation, the accused shall be informed that he/she may use the services of a defence lawyer, remain silent and refuse to respond to questions, exercise the right against self-incrimination, and that everything the accused says can be used against the accused, and that he/she may undergo a free medical examination upon detention, if he/she so requests, as soon as he/she is transferred to the relevant facility.
Article 38 – Rights and obligations of the accused
4. The accused may use the right to silence any time. If the accused prefers to remain silent, this may not be considered as evidence proving his/her culpability.
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;