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 .

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 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 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;

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:

2) to retain a defence counsel at the expense of the legal person for full enforcement of rights;

Section 112. Advocate in Criminal Proceedings

(1) Each person in criminal proceedings has the right to retain an advocate for the receipt of legal assistance. The work remuneration of an advocate shall be ensured by the person himself or herself, except the cases referred to in this Law.

(2) An advocate who provides legal assistance to a person in criminal proceedings has the right to receive information from the person directing the proceedings regarding the essence of the criminal case, as well as to participate together with the person in the investigative actions that take place with the participation of such person, to provide such person with legal assistance and explanations, to submit requests, and to submit evidence.

Section 466. Participation of a Defence Counsel in the Trial of a Case

(1) The participation of a defence counsel in the trial of a criminal case is mandatory in the cases provided for in this Law and on the basis of a summons of persons involved in proceedings. If the defence counsel with whom the client has entered into an agreement or who has been appointed by the senior of the sworn advocates cannot participate in a court hearing, he or she shall ensure that another advocate arrives in his or her place, agreeing with the client thereupon or informing the senior of the sworn advocates thereof in advance.

(2) A defence counsel shall implement the rights of a person to defence, express his or her views regarding the circumstances determined during the course of the trial of a case, and participate in court debates. Several defence counsels may also conduct defence in a single criminal proceedings.