Part 2
Surrender of Persons
§ 15
Procedure After Provisional Arrest
(2) § 14 para. 2 applies mutatis mutandis to the examination of the suspect.
Section 114b
Instruction of arrested accused
(2) In the instruction pursuant to subsection (1) accused persons are to be advised that they
2. have the right to reply to the accusation or to remain silent,
Section 115
Appearance before competent judge
(3) During the examination, the incriminating circumstances are to be pointed out to the accused and the accused is to be informed of the right to reply to the accusation or to remain silent. The accused is to be given the opportunity to remove grounds for suspicion and arrest and to present those facts which speak in his or her favour.
Section 136
Examination
(1) At the commencement of the examination, the accused is to be informed of the offence with which he or she is charged and of the applicable criminal law provisions. The accused is to be advised that the law grants him or her the right to respond to the charges or not to make any statement on the charges and the right, at any stage, even prior to the examination, to consult defence counsel of his or her choice. If the accused wishes to consult defence counsel prior to the examination, he or she is to be provided with information which makes it easier for him or her to be able to contact such defence counsel. Reference is thereby to be made to any emergency legal services which are available. The accused is, further, to be advised that he or she may request evidence to be taken in his or her defence and, under the conditions of section 140, to request the appointment of court-appointed defence counsel in accordance with section 141 (1) and section 142 (1); in the latter case, reference is to be made to the obligation to pay costs as referred to in section 465. In appropriate cases, the accused is also, as a rule, to be informed that he or she may make a written statement and of the possibility of victim–offender mediation.
2. Where there are grounds to believe that a person has committed a crime within the jurisdiction of the Court and that person is about to be questioned either by the Prosecutor, or by national authorities pursuant to a request made under Part 9, that person shall also have the following rights of which he or she shall be informed prior to being questioned:
(b) To remain silent, without such silence being a consideration in the determination of guilt or innocence;