12.07.2015 Views

download

download

download

SHOW MORE
SHOW LESS
  • No tags were found...

Create successful ePaper yourself

Turn your PDF publications into a flip-book with our unique Google optimized e-Paper software.

2) to defend himself alone or with the professional assistance of a defence counselof his own choosing from list of lawyers;3) to have his defence counsel present at his interrogation;4) to be brought before the court as soon as possible and tried in an impartial andfair manner and within a reasonable period of time;5) to be provided enough time and facilities to prepare his defence;6) to declare himself on all the facts and evidence against him and to present factsand evidence in his favour, either alone or through his counsel, to question prosecutionwitnesses and request that defence witnesses are questioned under the sameconditions as the prosecution witnesses, in his presence;7) to be provided with a translator and interpreter if he does not understand andspeak the language used in the proceedings.(2) The court or other state authority is required to:1) To ensure that an accused person or suspect exercises all his rights, as providedfor in paragraph 1 of the present Article;2) Prior to the first interrogation, to warn the accused person or suspect that anystatement he makes may be used as evidence against him and instruct him about theright to engage a defence counsel and the right to have the defence counsel attend hisinterrogation.(3) If the accused person or the suspect does not engage a defence counsel, thecourt shall appoint him a defence counsel where so prescribed by this Code.(4) An accused person who cannot afford a counsel, shall be, at his request,assigned a defence counsel at the expense of the Court’s budget in accordance with thisCode.(5) An accused person that is accessible to the court can be tried only in hispresence, except where in absentia trials are explicitly permitted by this Code.(6) An accused person who is accessible to the court cannot be punished if he is notallowed to be heard and to defend himself.Article 5(1) A person deprived of liberty without a court decision shall immediately be advisedthat he is not obliged to make any statement, that any statement he makes may be usedas evidence against him, and that he has the right to be interrogated in presence of adefence counsel who shall be appointed at the expense of budget funds, if he cannotafford one.

Hooray! Your file is uploaded and ready to be published.

Saved successfully!

Ooh no, something went wrong!