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defence counsel is not present although informed about the interrogation (Article 251),and there is no possibility of the accused person retaining another defence counsel, or ifthe accused person has not secured the presence of a defence counsel for his firstinterrogation within 24 hours of the time when he was instructed of that right (Article 4paragraph 2 item 2)), except in the case of mandatory defence.(10) Where there has been contravention of the provisions of paragraphs 8 and 9 of thisArticle or the accused person was not instructed about the rights referred to in paragraph2 of this Article, or where the accused person’s statements referred to in paragraph 9 ofthis Article about the presence of a defence counsel were not entered in the record, thecourt’s decision may not be founded on the accused person’s statement.Article 90(1) Questions should be posed to the accused person in a clear, intelligible andunambiguous manner so that he can understand them fully. It may not be proceeded ininterrogations from an assumption that the accused person has admitted to something towhich he has not admitted, and neither may questions be asked which already containan answer.(2) Where subsequent statements made by an accused person differ from those madeearlier, and especially where an accused person recants his confession, the court mayinstruct him to present his reasons for making different statements or to explain why herecanted his confession.Article 91(1) Accused persons may be confronted with witnesses or other accused persons, iftheir statements are not in agreement in respect of important facts.(2) The persons confronted shall be placed face to face and asked to repeat to eachother their statements in respect of every disputed circumstance and to discuss theveracity of what they had stated. The court shall enter in the record the course of thediscussion and the final versions to which the persons confronting each other adhered.Article 92Objects connected to a criminal offence or serving as evidence shall be shown to theaccused person for the purpose of recognition, after he had previously described them. Ifthe objects cannot be brought in, the accused person may be taken to their location.Article 93(1) Accused persons’ statements are entered in the record in the form of a narrative, andthe questions asked and answers received shall be entered only if they related to thecriminal matter.(2) Dec may be allowed to dictate their statements into the record.

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