The DPR Code of Criminal Procedure contains the following provisions providing for the rights of the defendant:
– Article 278 of the DPR CPC, the rights of the defendant during the trial;
At the court hearing, the defendant has the right:
1) to file objections;
2) to collegial consideration of the case in the cases provided for by law;
3) to have a lawyer or take over the protection of his interests;
4) to file petitions and express his opinion on the petitions of other participants in the proceedings;
5) to present evidence, to ask the court to attach documents to the case, to call witnesses, to order an expert examination and to reclaim other evidence;
6) to testify on the merits of the case at any time of the judicial investigation or to refuse to testify and answer questions;
7) to ask the court to announce the evidence in the case;
8) to ask questions to other defendants, witnesses, an expert, a specialist, a victim, a civil plaintiff and a civil defendant;
9) to take part in the examination of material evidence, crime scene and documents;
10) to take part in the court hearings;
11) to make a final statement to the court;
– Part 3 of Art. 42 of the DPR CPC, a defendant has the right to make a final statement;
– Part 1 of Art. 46 of the DPR CPC, a suspect, an accused and a defendant have the right at any time during the proceedings to refuse the invited or appointed defense lawyer. Refusal is allowed only on the initiative of the suspect, accused or defendant and does not deprive him of the right to invite the same or another defense lawyer at further stages of the process;
– Part 2 of Art. 47 of the DPR CPC, a suspect, an accused, a defendant have the right to invite several defenders;
– Part 3 of Art. 315 of the DPR CPC, at the hearing a defendant has the right to use notes;
– Part 10 of Art. 319 of the DPR CPC, a defendant and the participants in the proceedings have the right to ask questions to the witness;
– Part 1 of Art. 21 of the DPR CPC, a suspect, an accused and a defendant are ensured the right to defense;
– Part 3 of Art. 331 of the DPR CPC, a prosecutor, a defendant, his defense lawyer and other participants in the proceedings have the right, during examination, to draw the attention of the court to everything that, in their opinion, may help to clarify the circumstances of the case;
– Part 1 of Art. 336 of the DPR CPC, after the speech of a defender or a defendant, the presiding judge declares the pleadings over and gives the defendant the final statement;
– Part 5 of Art. 335 of the DPR CPC, after the end of the speeches, the participants in the judicial pleadings have the right to exchange remarks. The right of the final remark belongs to the defendant.
