download

(3) Accused persons tried in absentia (Article 304) must have defence counsel as soonas a ruling is issued on a trial in absentia.(4) Where accused persons in the cases of obligatory defence referred to in thepreceding paragraphs do not retain a defence counsel, the president of the court shallassign to them a defence counsel ex officio for the further course of the criminalproceedings until the judgement becomes final, and where a term of imprisonment offorty years has been pronounced, also for extraordinary legal remedy proceedings.When a defence counsel is assigned to an accused person ex officio after the indictmentis filed, he shall be notified thereof together with being served the indictment. Where inthe cases of obligatory defence a defendant is left without a defence counsel during theproceedings, and does not retain another defence counsel, the president of the courtwhere the proceedings are being conducted shall assign a defence counsel ex officio.(5) Assignment of defence counsel shall take place from a list of lawyers, submitted tothe president of the court of first instance by the local bar association, in accordance withthe order of names on that list. The names on the list of the bar association are listed inthe order of the Serbian Alphabet. In assigning a defence counsel ex officio, the court isrequired to abide by the sequence of names on the list.Article 72(1) Where the necessary conditions do not exist for obligatory defence, and theproceedings concern a criminal offence punishable by a term of imprisonment of overthree years, and in other cases where it is required by the interests of fairness, theaccused person shall at his request be assigned a defence counsel, if his financial statusmakes him unable to bear the costs of his defence.(2) Rulings on such requests shall be rendered by the investigating judge, the presidentof a chamber, or an individual judge, and the defence counsel shall be assigned by thepresident of the court. The provision of Article 71 paragraph 5 of this Code shall beapplied in respect of determining a defence counsel.Article 73(1) Accused persons may retain a different defence counsel instead of the one assignedto them (Articles 71 and 72). In that case the defence counsel assigned shall be relievedof that duty.(2) Defence counsel assigned in accordance with the provision of Article 71 paragraph 2of this Code shall be relieved of that duty after rulings on discontinuing detentionbecome final.(3) Defence counsel who have been assigned to accused persons may request to berelieved of that duty only on justifiable grounds.(4) Before the trial, rulings on the relief of a defence counsel from duty shall be renderedby the investigating judge or chamber president, at he trial by the chamber, in the