Everyone has the right to defend his or hertheir rights and lawful interests in a fair court. Everyone shall be presumed innocent until his or hertheir guilt has been established in accordance with law. Everyone, where his or hertheir rights are violated without basis, has a right to commensurate compensation. Everyone has a right to the assistance of counsel .

Everyone has the right to liberty and security of person. No one may be deprived of or have their liberty restricted, otherwise than in accordance with law.

Article 95. [Human Dignity]
The State shall protect human honourhonor and dignity. Torture or other cruel or degrading treatment of human beings is prohibited. No one shall be subjected to inhuman or degrading punishment .

Section 6. Mandatory Nature of Criminal Proceedings
The official who is authorised to conduct criminal proceedings has an obligation within his or her competence to initiate criminal proceedings and to lead such proceedings to the fair regulation of criminal legal relations provided for in The Criminal Law in each case where the reason and grounds for initiating criminal proceedings have become known.

Section 8. Principle of Equality
The Criminal Procedure Law shall determine a uniform procedural order for all persons involved in criminal proceedings irrespective of the origin, social and financial situation, employment, citizenship, race, nationality, attitude toward religion, sex, education, language, place of residence, and other conditions of such persons.

Section 11. Language to be Used in the Criminal Proceedings
(1) The criminal proceedings shall take place in the official language.

(2) If the person who has the right to defence, a victim and his or her representative, a witness, specialist, expert, auditor, as well as other persons who the person directing the proceedings has involved in the criminal proceedings does not speak the official language, such persons have the right to use the language that such persons understand during the performance of procedural actions, and to use the assistance of an interpreter free of charge, whose participation shall be ensured by the person directing the proceedings. In the pre-trial proceedings, the investigating judge or court shall provide for the participation of an interpreter in the hearing of issues that fall within the jurisdiction of the investigating judge or court.

(2^1) A person who has the right to defence, if he or she does not have the knowledge of the official language, may use the language the person has knowledge of and during the meeting with the defence counsel use, free of charge, the assistance of an interpreter whose participation shall be ensured by the person directing the proceedings, in the following cases:

1) to prepare for the interrogation within the pre-trial proceedings or for the trial at a court hearing;

2) to draw up a written complaint regarding the conduct of an official who handles the criminal proceedings or regarding the enforcement, amendment or revocation of a ruling and a procedural compulsory measure;

3) to draw up a document necessary for the trial of the case in the written procedure;

4) to draw up an appellate or cassation complaint.

(2^2) For a person who has the right to defence and who has been applied a security measure related to imprisonment, the participation of the interpreter for exercising of the rights referred to in Paragraph 2^1 of this Section shall be ensured by the relevant prison.

(2^3) The Cabinet shall determine the procedures and scope of ensuring the assistance of the interpreter in the cases referred to in Paragraphs 2^1 and 2^2 of this Section.

(3) When issuing procedural documents to a person involved in the criminal proceedings who does not understand the official language, such person shall be ensured, in the cases provided for by law, with a translation of such documents in a language understood by such person.

(4) The official conducting criminal proceedings may perform a separate procedural action in another language by appending a translation of the procedural documents in the official language.

(5) In the criminal proceedings, complaints received in another language shall be translated into the official language only in the case of necessity, which shall be determined by the person directing the proceedings. The person directing the proceedings shall ensure the translation into the official language of the appellate complaints and cassation complaints against court rulings received in another language.

(6) The provisions of this Section regarding the right of a person to use the language that the person has knowledge of and to use the assistance of an interpreter free of charge shall also apply to persons with hearing, speech or visual impairments. When issuing procedural documents to such persons in the cases provided for by the law, the availability of such documents in the language or the manner which such persons are able to perceive shall be ensured.

Section 13. Prohibition of Torture and Debasement
(1) Debasement, blackmail, torture, the threatening of a person with torture or violence, or the use of violence shall not be allowed in criminal proceedings.

(3) In order to overcome the physical resistance of a person, the performer of the procedural action or, upon his or her invitation, employees of the State police may apply physical force in exceptional cases, without needlessly inflicting pain on such person or humiliating such person.

Section 14. Rights to the Completion of Criminal Proceedings in a Reasonable Term
(1) Each person has the right to the completion of criminal proceedings within a reasonable term, that is, without unjustified delay. The completion of criminal proceedings within a reasonable term is connected with the scope of a case, legal complexity, amount of procedural activities, attitude of persons involved in the proceedings towards fulfilment of duties and other objective conditions.

(2) The person directing the proceedings shall choose the simplest form of criminal proceedings that complies with the specific conditions, and shall not allow for unjustified intervention in the life of a person and unfounded expenditures.

(5) The inobservance of a reasonable term may be the grounds for termination of proceedings in accordance with the procedures laid down in this Law.

Section 15. Rights to Examination of a Matter in Court
Each person has a right to the examination of a matter in a fair, objective, and independent court.


Section 16. Rights to the Objective Progress of Criminal Proceedings
(1) Officials who conduct criminal proceedings, interpreters, and specialists shall withdraw
from participation in criminal proceedings if such persons are personally interested in the result, or if conditions exist that justifiably give the persons involved in the criminal proceedings a reason to believe that such interest may exist.

(2) A person who conducts defence, a victim, the representative of the victim, the owner of property infringed during criminal proceedings and an official who is authorised to conduct criminal proceedings, but is not the person directing the proceedings, has the right to raise an objection if the conditions referred to in Paragraph one of this Section exist.

(3) The person directing the proceedings or the officials specified in the Law shall, on the basis of the initiative thereof or on the basis of an objection, suspend the participation of the persons referred to in Paragraph one of this Section in proceedings if such persons have not excused themselves.


Section 18. Equivalence of Procedural Authorisations
Persons involved in criminal proceedings have authorisation (rights and duties) that ensures for such persons equivalent actualisation of the tasks and guaranteed rights specified in laws and regulations enactments. .

Section 19. Presumption of Innocence
(1) No person shall be considered guilty until the guilt of such person in the committing of a criminal offence has been determined in accordance with the procedures laid down in this Law.

(2) A person who has the right to defence shall not need to prove his or her innocence.

...

(4) If a public official who is not a person involved in criminal proceedings has made a public statement on the guilt of the person, thus violating the presumption of innocence, the person directing the proceedings shall, upon a motivated submission of the person, publicly inform of the violation of the principle of presumption of innocence, but the copy of the submission shall be sent for evaluation to the authority which can decide on the liability of the official.

Section 20. Right to Defence
(1) Each person regarding whom an assumption or allegation has been expressed that such person has committed a criminal offence has the right to defence, that is, the right to know what offence such person is suspected of committing or is being accused of committing, and to choose his or her position of defence.

(4) If a person who has the right to defence has not entered into an agreement on defence, but wishes the participation of the defence counsel, the State shall provide defence thereto and decide on the remuneration of the defence counsel from the State funds by completely or partially exempting the person from this payment.

Section 23. Administration of Justice
A court shall administer justice in criminal matters by examining and deciding the validity of charges brought against a person, acquitting persons who are not guilty, or finding persons guilty of committing a criminal offence in a court hearing and determining a regulation of criminal legal relations that must be enforced by State authorities and persons and the enforcement of which, if necessary, may be implemented by forced conveyance.

Section 60.2 Fundamental Rights of a Person who has the Right to Defence in Criminal Proceedings

(1) A person who has the right to defence has the following rights:

1) to immediately retain a defence counsel and enter into an agreement with him or her or to use the legal assistance ensured by the State if the person is incapable of entering into an agreement with the defence counsel at the person’s own expense;
2) to meet a defence counsel in circumstances that ensure confidentiality of the conversation without a special permit from the person directing the proceedings and without limitation of time;
3) to receive legal assistance from a defence counsel;
4) to request participation of an advocate for ensuring defence in a separate procedural action in the cases provided for by the law, if an agreement on defence has not been entered into yet with a particular advocate or this defence counsel has been unable to appear;
5) to receive from the person directing the proceedings a list of advocates who practice in the relevant court district, as well as to use telephone free of charge for retaining a defence counsel;
6) to be notified of what assumption has been made or what suspicion has arisen against the person or what prosecution has been brought against him or her;
7) to receive an oral or written translation in a language comprehensible to him or her in accordance with the procedures and in the scope laid down in the law;
8) to stay silent, testify or refuse to testify;
9) to appeal the procedural decisions in the cases, within the terms and in accordance with the procedures laid down in the law;
10) to request information regarding the direction of the criminal proceedings, regarding officials who conduct or have conducted the particular criminal proceedings, regarding the restrictions of the rights applicable to a person and their time periods;
11) to request that a defence counsel be replaced, if the obstacles to his or her participation determined in the Law exist.

(2) Failure to testify shall not be judged as interference with divulging the truth in the case and evasion of the pre-trial proceedings and the trial.

(3) In addition to the rights laid down in Paragraph one of this Section the detained, and also the suspect or the accused, to whom the security measure related to the deprivation of liberty is applied, has the following rights:

1) to become familiar with those materials of the case which justify the proposal to apply a security measure related to the deprivation of liberty insofar as such access does not infringe the fundamental rights of other persons, the interests of the society and does not interfere with the achievement of the objective of criminal proceedings;
2) to request that his or her immediate family, educational institution, employer is notified of his or her detention or arrest, as well as to contact one of them, insofar as such contacting does not endanger the fundamental rights of other persons, public interests and does not hinder the achievement of the objective of criminal proceedings. A foreigner has the right to request that the diplomatic or consular mission of his or her country is notified of his or her detention or arrest, as well as to contact it;
3) to receive information regarding rights to emergency medical assistance and healthcare in accordance with the laws and regulations;
4) to receive information regarding the maximum number of hours or months for which the person’s liberty may be restricted during pre-trial proceedings.

(3^1) In addition to the rights laid down in Paragraphs one and three of this Section, a minor who has the right to defence has the following rights:

1) to participate in procedural actions together with a representative;
2) to participate in procedural actions together with a trusted person;
3) right to specific arrangements for the protection of private life;
4) to receive individual assessment;
5) right to have the procedural compulsory measures that are alternative to deprivation of liberty primarily applied;
6) right to special treatment during the application of the compulsory measure related to the deprivation of liberty.

(4) As soon as the person has acquired the right to defence, the information related to the rights laid down in Paragraphs one, three and 3.1 of this Section shall be immediately issued in writing and, where necessary, explained to him or her. The person shall confirm with his or her signature that the information has been issued and, where necessary, the rights have been explained.

Section 63. Rights of a Detained Person

(1) A detained person has the fundamental rights determined in Section 60.2 of this Law as well as the right:

1) to become familiar with the detention protocol and receive an excerpt from this Law regarding the rights and duties of a detained person;
2) to express orally or in writing his or her attitude in relation to the justification for detention;
3) to submit a recusation;
4) to submit complaints regarding the actions of officials;
5) to submit requests for the emergency conduct of investigative actions as a result of which evidence may be acquired for the approval of unjustified suspicions;

(2) An image of a detained person recorded during procedural actions as a photograph, video, or by other types of technical means shall not be published in the mass media without the consent of such detained person unless such publication is necessary for the disclosure or prevention of a criminal offence.

Section 66. Rights of a Suspect

(1) From the moment when a person is notified that he or she is recognised as a suspect, such person has the fundamental rights determined in Section 60.2 of this Law, as well as the right:

1) to receive a copy of the decision by which such person has been recognised as a suspect, or a notification of the decision taken in accordance with urgent procedures, and an excerpt from this Law regarding the rights and obligations;
2) [20 June 2018];
3) to submit a recusation;
4) to submit applications regarding the performance of investigative actions and participation thereof;
5) to participate in investigative actions that are performed on the basis of an application of such person or his or her defence counsel, if such participation does not hinder the performance of investigative actions or does not infringe the rights of another person;
6) to receive a reasoned decision if the suspect has been refused participation in the investigative actions that are performed upon his or her request or upon request of his or her defence counsel;
7) to familiarise himself or herself with the decision to determine an expert-examination before transferring it for execution, if the expert-examination applies to such person, and to request the raising of additional questions regarding in relation to which the expert must give a conclusion, except in cases where an expert-examination has been determined during another investigative action;
8) to become familiar with the opinion of the expert-examination after receipt thereof, if the expert-examination has been performed subject to the application of the person;
9) to submit complaints, in accordance with the procedures laid down in the law, regarding action of an official authorised for the conduct of criminal proceedings;
10) [29 May 2014];
11) to express his or her attitude in oral or written form towards suspicions expressed;
12) to require that measures for regulation of criminal legal relations are taken with the consent of the person;
13) to settle with the victim;
14) to submit an application regarding termination of criminal proceedings;
15) to participate with the investigating judge in examination of proposals of the person directing the proceedings and the person's own and his or her defence counsel's complaints and applications, unless the Law determines other procedures for examination;
16) to express a wish to co-operate with the officials who are conducting the criminal proceedings.

Section 70. Rights of an Accused in Pre-trial Proceedings

(1) An accused has the same rights in pre-trial criminal proceedings as a suspect, as well as the following rights:

1) after completion of pre-trial criminal proceedings, to receive copies of all the materials of a criminal case to be transferred to a court, which relate to the accusation brought against him or her and his or her personality, if such materials have not been issued earlier or with the consent of a prosecutor to become acquainted with these materials;
2) to submit applications up to the end of the pre-trial criminal proceedings and to become acquainted with the received or presented materials of a criminal case to be transferred to a court;
3) after completion of pre-trial criminal proceedings, to submit an application to the investigating judge requesting that he or she be acquainted with the materials of special investigative actions that are not attached to the criminal case (primary documents);
4) to give consent or not give consent to the termination of criminal proceedings, conditionally freeing him or her from criminal liability, or to the prosecutor's penal order;
5) to agree with the person directing the proceedings - prosecutor regarding the completion of criminal proceedings in an agreement process;
6) to agree with the person directing the proceedings - prosecutor regarding the possibility for a criminal case in a prosecution wherein the accused is incriminated to be examined in court without verification of evidence;
7) to revoke the complaints of defence counsel.

(2) Separate rights may be restricted in accordance with the procedures laid down in the law, or implemented in a particular way, depending on the selected form of proceedings.

(3) [23 May 2013]

(4) Following the completion of the pre-trial criminal proceedings and receipt of a decision to transfer the case to a court the accused may submit to a court those requests which have arisen upon getting acquainted with the materials of the case.

Section 71. Rights of an Accused in a Court of First Instance

An accused in a court of first instance has the fundamental rights determined in Section 60.2 of this Law, as well as the right:

1) to find out the place and time of the trial in a timely manner;
2) to participate in person in the trial of the criminal case;
3) to submit a recusation;
4) [27 September 2018];
5) to agree to the non-performance of a verification of evidence in a court hearing;
6) to express his or her opinion regarding each matter to be discussed, if it applies to his or her prosecution or personal characterising data;
7) to participate in examination of each piece of evidence, performed directly and orally, if the evidence applies to his or her prosecution or personal characterising data;
8) to submit to the court a reasoned request to express his or her opinion and participate in verification of evidence also in cases if the matter or evidence to be verified does not directly apply to his or her prosecution or personal characterising data;
9) to submit requests;
10) to speak in court debates, if the defence counsel does not participate;
11) to say the last word;
12) to receive a copy of a court ruling and familiarise himself or herself with the minutes of a court hearing, as well as to submit notes thereon in writing, which shall be attached to the materials of the criminal case;
13) to appeal a court ruling in accordance with the procedures laid down in the law.

Section 74.2 Rights of a Convicted Person
(1) During the execution of a ruling, a convicted person has the right to the protection in the court of his or her lawful interests related to the transfer of the ruling for execution, that is, the right:

1) to retain a defence counsel;
2) to participate in court hearings and to testify;
3) to submit materials, which have been prepared in order to examine the matter regarding the execution of the ruling;
4) to submit complaints regarding decisions of the judge.

(2) Upon examining matters related to the execution of a ruling, the participation of a defence counsel in the cases determined in this Law is mandatory.

(3) During the execution of a prosecutor's penal order, a convicted person has the right to the protection of his or her rights to lawful interests in the Office of the Prosecutor, if they are related to the execution of the punishment determined in the penal order, but in matters related to the substitution of the punishment determined in the penal order or release from punishment in accordance with the procedures laid down in laws - in the court.

Section 82. Rights and Duties of a Defence Counsel in Ensuring Defence in an Individual Procedural Action

(2) A defence counsel may meet with the defendant both before and after a procedural action in order to prepare for the performance of the operation, and to discuss the results thereof.

Section 85. Rights to Exemption from Payment for the Assistance of a Defence Counsel

(1) The following have the right to exemption from payment for the assistance of a defence counsel, which in such case shall be covered from State resources:

1) a person whose financial situation excludes the possibility to ensure payment from his or her own resources for the assistance of a defence counsel;
2) a person whose representative must mandatory participate in criminal proceedings in accordance with Section 83, Paragraph one of this Law.

(2) A decision on payment from State resources of the assistance of a defence counsel shall be taken by an investigating judge in pre-trial proceedings, or by the court in trial.

Section 94. Rights of a Legal Person in Proceedings Regarding the Application of a Coercive Measure

(1) The rights of a legal person shall be exercised by the representative thereof. From the time when a person is permitted to participate in the proceedings regarding the application of a coercive measure as the representative of a legal person according to the decision of the person directing the proceedings, such person has the right:

1) to receive a copy of such decision by which the proceedings regarding the application of a coercive measure have been initiated;
2) to retain a defence counsel at the expense of the legal person for full enforcement of rights;
3) [20 June 2018];
4) to submit a recusation to the official who conducts the criminal proceedings;
5) to file applications regarding the performance of investigative actions and participation therein;
6) to participate in the investigative actions that are performed subject to the application by the person or the defence counsel, unless such participation interferes with the performance of the investigative actions or infringes the rights of another person;
7) to receive a reasoned decision if the representative of the legal person is refused the participation in the investigative actions performed subject to his or his request of the request of the defence counsel;
8) to become familiar with the opinion of the expert-examination after receipt thereof, if the expert-examination has been performed subject to the application of the person;
9) to file complaints in the cases, within the terms and in accordance with the procedures laid down in the law regarding action of an official authorised for the conduct of proceedings;
10) to appeal the procedural decisions in the cases, within the terms and in accordance with the procedures laid down in the law;
11) to express his or her attitude with regard to an expressed assumption orally or in writing;
12) to testify or refuse to testify;
13) to require that measures for regulation of criminal legal relations are taken with the consent of the person;
14) to reach a settlement with the victim;
15) to file an application for termination of the proceedings;
16) to express a wish to co-operate with the officials who conduct the proceedings;
17) to receive copies of the materials of the criminal case to be handed over to the court after completion of pre-trial proceedings, which refer to the particular legal person, upon an application thereof, unless such copies have been issued earlier; or to become familiar with such materials subject to the consent by the prosecutor;
18) to withdraw the complaints of the defence counsel;
19) to agree or disagree to the termination of the proceedings by applying the prosecutor’s penal order regarding a coercive measure.

(2) In the court, the representative of a legal person has the same rights as an accused.

Section 130. Admissibility of Evidence

(2) Information regarding facts that has been acquired in the following manner shall be recognised as inadmissible and unusable in proving:

1) using violence, threats, blackmail, fraud, or duress;