SECTION 8. PRETRIAL PROCEEDINGS OF CRIMINAL CASES
CHAPTER 28. INTERROGATION AND CONFRONTATION
Article 211. Interrogation of the suspect
The interrogation of the suspect is conducted immediately after detention or announcement about the decree to use measures to secure the appearance.
The detained suspect is entitled to testify in the presence of a lawyer. If it is impossible to provide immediate participation of the lawyer, the investigator must provide the participation within 24 hours after detention or arrest.
Prior to the beginning of the interrogation, the investigator advises the suspect about the essence of suspicion, as well as explains his rights, including the right of refusal to testify. The interrogation begins with a proposal to the suspect to testify about the suspicion and all other aspects, which in his opinion can be significant for the case.
In other issues, when interrogating the suspect, one should be governed by rules established for the interrogation of an accused in this Code.
Article 212. Interrogation of the accused
The investigator must interrogate the accused within 24 hours from bringing accusation to him, and in case of avidance by the accused and searching for the accused, within 48 hours after he was detained.
The interrogation of the accused, except urgent cases, is conducted in the daytime.
The accused is interrogated at the place of preliminary investigation, and when necessary, at the place where he finds himself.
The accused is interrogated apart from other persons involved in the case. The investigator takes measures to prevent the accused from communication with other persons involved in the case.
The accused is entitled to be interrogated in the presence of a lawyer. The participation of the lawyer is mandatory in cases envisioned in this Code.
The interrogation of the deaf, mute or blind accused is conducted with participation of a person who understands the signs of the latter or can communicate in sign language. The accused is interrogated in relation to the essence of the accusation, and issues relevant to the case.
Prior to the interrogation, the investigator explains to the accused his right to refuse from testimony.
At the beginning of the interrogation, the investigator must find out whether the accused pleads guilty of accusations brought against him.
After that. the investigator proposes to the accused to testify on the accusation and all other issues which in his opinion can be relevant to the given case.
Article 213. The protocol of interrogation of the suspect and the accused
The investigator shall put together a protocol for each interrogation of the suspect and the accused, which indicates the place, the time, his position and surname, the name and surname of the suspect or the accused, year, day and month of birth, place of birth, citizenship, education, family status, place of work, occupation or position, registration and actual place of residence, information of criminal record, national decorations, describing both the suspect and the accused, and other issues relevant to the case.
The testimonies of the suspect and the accused and the answers given to the questions are recorded in the first person and literally, if possible.
After the end of the interrogation the investigator familiarizes the suspect, the accused with the protocol. The interrogated persons are entitled to demand changes and additions to be made in the protocol. It is mandatory that their additions and changes are incorporated into the protocol.
The protocol is signed by the suspect or the accused, and the investigator. If the protocol is written on several pages, the suspect or the accused signs each page.
If the accused or the suspect refuse to sign the protocol, the investigator finds out the reasons and verifies the protocol with his own signature. If the suspect or the accused is deprived of the capacity to sign the protocol due to physical handicap or illiteracy, the investigator makes a note about that and verifies it with his signature.
Article 214. Record of testimonies of the suspect or the accused by their own hand
The suspect and the accused are given the opportunity to write the testimonies by their own hand, which the investigator notes in the protocol. After familiarization with the written testimonies of the suspect or the accused, the investigator can ask additional questions. The questions and answers to them are incorporated into the protocol.
Article 215. Interrogation of Convict
The convict is interrogated about the circumstances related to and established in the verdict which is in legal force.
The interrogation of the convict is done in accordance with rules established in this Code.
Article 216. Confrontation
The investigator is entitled to conduct the confrontation of those previously interrogated two persons whose testimonies contain essential contradictions. The investigator must conduct confrontation if there are essential discrepancies in the testimonies of the accused and other person.
At the beginning of the confrontation it is clarified whether the confronted persons are familiar with each other and what relations they have. The witness is warned about the responsibility for refusal or avoidance of testimony and perjury, as well as about the right not to testify against his spouse or close relative.
The persons invited to confrontation are asked to testify one after another about issues for the clarification of which the confrontation was organized. After that the investigator asks questions. With permission of the investigator, the persons called for confrontation can ask questions to each other.
The publicizing of testimonies given at previous interrogations by the persons involved in the confrontation is allowed only after testimonies are made at the confrontation and recorded in the protocol.
In cases envisaged in this Code, a lawyer, a translator and the legal representative of the interrogated person can participate in the confrontation who also sign the protocol.
The investigator familiarizes the participants of the confrontation with the content of the protocol. The interrogated persons are entitled to demand changes and additions to be made in the protocol. The confrontation protocol is signed by the investigator and the interrogated persons. Each interrogated person signs his testimonies and each page of the protocol.
In case of refusal by the interrogated persons to sign the protocol, the investigator find out the reasons and sign the protocol with his signature. If the suspect or the accused is deprived of the capacity to sign the protocol due to physical handicap or illiteracy, the investigator makes a note about that and verifies it with his signature.
1. States Parties shall, in accordance with the provisions of this Part and under procedures of national law, comply with requests by the Court to provide the following assistance in relation to investigations or prosecutions: