CODE OF CRIMINAL PROCEDURE

PART ONE

GENERAL PROVISIONS

Chapter I

BASIC PRINCIPLES

Article 1

(1) This Code establishes the rules with which it is ensured that an innocent person is not convicted and the guilty person is pronounced a criminal sanction under the conditions which are proscribed by the Criminal Code and on the basis of a legally enforced procedure.

(2) Before pronouncing a final legally valid verdict, the rights and freedoms of the accused and of other persons may be limited only to a necessary extent and under conditions proscribed by this Code.

Article 2

(1) Everyone charged with a criminal offence will be presumed innocent until proved guilty by a legally valid verdict.

(2) The existence or not existence of facts which compose the characteristics of crime or upon which the implementation of a certain provision of the Criminal Code depends, is confirmed by the court in a favourable manner for the accused.

Article 3

(1) Anyone who is summoned, apprehended or arrested, must immediately be informed, in the language which he understands, of the reasons for his summoning, apprehension or arrest and of any charge against him, as well as about his rights and that he cannot be compelled to make a statement.

(2) The suspect, i.e. the charged must at first and clearly be instructed on his right to remain silent; his right to consult and to have a counsel of his own choosing present at the questioning, as well as his right that a member of his family or a relative to be informed of his apprehension or arrest.

(3) The arrested person must immediately or at the most 24 hours from his arrest be brought before court, where the court without any delay will decide on the legality of his arrest.

Article 4

(1) Everyone charged with a criminal offence shall have the right to a fair and public hearing within a reasonable time and before a competent, independent and impartial tribunal, established by law.

(2) Every accused has the following minimum rights:

                        - to be informed immediately and in detail, in a language which he understands, of the crime he is imposed on and the evidence against him;

                        - to have adequate time and facilities for the preparation of his defence and to    communicate with a counsel of his own choosing;

                        - to be tried in his presence and to defend himself in person or by legal assistance of his own choosing and to have legal assistance assigned to him, in any case where the interests of justice so require, and without payment by him in any such case if he does not have sufficient means to pay for it;

                        - not to be compelled to testify against himself or his relatives or to confess guilt;

                        - to be present during the examination of the witnesses and to be able to ask questions himself.

Article 5

No one shall be liable to be tried or punished again for an offence for which he has already been tried and a final legally valid verdict has already been brought.

Article 6

The official language in the criminal procedure is the Macedonian language and its Cyrillic alphabet.

Article 7

(1) A representative of the minorities- citizen of the Republic of Macedonia in the court procedure has the right to use the language of his nationality and his alphabet. The court provides the person a free assistance of an interpreter.

(2) Other parties, witnesses and participants in the court procedure have the right to a free assistance of an interpreter if they do not understand or speak the language in which the procedure is performed.

(3) The person will be instructed of his right to an interpreter. It will be notified in the record both about the given instruction and the statement of the person.

(4) The interpretation is conducted by a legal interpreter.

Article 8

(1) Charges (prosecution acts, prosecution proposals, and private charges), appeals and other petition requests are directed to the court in the official language.

(2) A representative of the minorities, citizen of the Republic of Macedonia has the right to direct the petition requests to the court in the language and alphabet of his or her nationality. In such an instance, the court translates the petition requests and so translated delivers them to the other parties in the procedure.

(3) Everyone who does not speak or understand the Macedonian language and its Cyrillic alphabet may direct the petition requests to the court in his or her language and alphabet. In such instances, the court proceeds according to paragraph 2 of this Article.

(4) An arrested foreign citizen has the right to direct his petition request in his native language to the court, and in other cases- under the condition of reciprocity.

Article 9

(1) Court summons, decisions and other writs are directed by the court in the official language.

(2) To the representative of the minorities, citizen of the Republic of Macedonia the court summons which will be delivered to him or her will be written both in Macedonian language and Cyrillic alphabet and also in the language and alphabet of his or her nationality.

(3) To the accused, representative of the minorities, citizen of the Republic of Macedonia, the writs will be delivered in the language which he or she used in the procedure.

Article 10

It is forbidden and punishable to extract a confession i.e. a statement from the accused or from other persons who have participated in the procedure.

Article 11

A person illegally arrested, detained or illegally convicted has a right to compensation for damage from the budget, has a right to be rehabilitated and has other rights established by law.

Article 12

If the accused or other persons who participates in the procedure and who ignorantly misses any act of the procedure, therefore not using his or her rights, he or she will be instructed by the court on his or her rights which he or she can lawfully exercise and on the consequences of not using the acts.

Article 13

The court is obliged to attempt the procedure to be enforced without delay.

Article 14

(1) The court and the state bodies participating in the criminal procedure are bound truly and fully to establish facts which are important for bringing the legal decision.

(2) The court and the state bodies are obliged with equal attention to investigate and establish both facts on behalf of the accused and facts against him.

Article 15

(1) The right of the court and state bodies which participate in the criminal procedure to evaluate existence or not existence of facts is not bound nor limited by any special formal rules of evidence.

(2) Evidence illegally obtained or obtained by violation of freedoms and rights established by the Constitution, the Code and ratified international treaties, as well as evidence derived from them cannot be used and a court decision cannot be based on them.

Article 16

(1) Criminal procedure is brought on request of an authorised prosecutor.

(2) The authorised prosecutor is the public prosecutor for crimes prosecuted ex officio or on the request of a damaged person and the private prosecutor is the authorised prosecutor for crimes prosecuted on private charges.

(3) If the public prosecutor finds no basis for initiation or continuing criminal procedure, the damaged may stand instead as a plaintiff under conditions establish by this Code.

Article 17

The public prosecutor is obliged to initiate a criminal investigation if there are evidence that a crime is committed which is initiated ex officio.

Article 18

(1) In the criminal procedure the courts prosecute within a Chamber.

(2) In elementary courts an individual judge judges for lesser crimes.

Article 19

When it is proscribed that the initiation of criminal procedure has its consequences in certain rights limitation, if it is not differently legally determined, these consequences are in effect with enforcement of the prosecution act, and for crimes for which a fine penalty is proscribed or a sentence to three years from the day when the verdict is pronounced, regardless whether it is legally valid.

Article 20

(1) If the provisions of the Criminal Code implementation depends on a previous decision on a certain judicial issue for which a court in some other procedure or some other state body is competent, the court in the criminal case may itself decide on that issue according to provisions for substantiating in the criminal procedure. The decision on the judicial issue by the criminal court is legally valid only for the criminal case which is being prosecuted by this court.

(2) If on such a previous issue the court or some other state body has already decided in another procedure, this decision does not bind the criminal court in regard of the evaluation whether a certain criminal crime has been committed.

Chapter II

COMPETENCE OF COURTS

1. Actual competence and composition of the court

Article 21

Courts in criminal cases judge in the limits of their actual competence determined by law.

Article 22

(1) In courts of first degree it is judged in Chambers consisted of two judges and three lay judges for crimes for which by law it is proscribed a sentence to a fifteen- year prison term or a sentence to life imprisonment, and in Chambers consisted of one judge and two lay judges- for crimes for which by law it is proscribed a mitigated sentence. For crimes for which as a sentence it is proscribed a fine penalty or a sentence to a three- year prison term, an individual judge judges in the court of first degree.

(2) In second degree courts it is judged in Chambers consisted of five judges for crimes for which by law it is proscribed a sentence to a fifteen- year prison term or a sentence to life imprisonment, and in Chambers consisted of three judges- for crimes for which a mitigated sentence is proscribed. When the Chamber judges in the second degree during a court proceeding, it is consisted of two judges and three lay judges.

(3) Chambers consisted of five judges judge in the third degree court.

(4) Investigation is performed by a judge from the first degree court (investigating judge).

(5) The Court President and the Chamber Chairman decide on cases anticipated by this Code.

(6) First degree courts organised in a Chamber consisted of three judges decide on appeals against investigating judge's decisions and against other decisions when it is determined by the Code, make decisions of first degree out of the trial, conduct a procedure, bring a verdict according to the provisions of Article 508, paragraphs 2 to 6 of this Code and make proposals in cases anticipated in this or another Code.

(7) On the request for extraordinary mitigation of a sentence and on the request for extraordinary reinvestigation of a final legally valid sentence, the court decides in a Chamber consisted of five judges if it refers to a crime for which by law a life imprisonment sentence is proscribed, and in a Chamber consisted of three judges- if it refers to crime for which a lesser sentence is proscribed.

(8) On the request for protection of legality the court decides in a Chamber consisted of five judges and if the request is against the decision of the Supreme Court of the Republic of Macedonia, on this request the Supreme Court of the Republic of Macedonia decides on a general session.

(9) If with this Code it is not determined differently, courts of higher degree decide in a Chamber consisted of three judges on cases which are not anticipated with the previous paragraphs of this Article.

2. Local competence

Article 23

(1) In general locally competent is the court on which region a crime has been committed or attempted to be committed.

(2) A private charge may also be submitted to the court on which region the accused has his permanent or temporary residence.

(3) If the crime is committed or attempted on different court regions or on the borders of these regions or it is uncertain on which region it is committed or attempted, the court where the request of the authorised prosecutor has first initiated the procedure is competent, and if the procedure has not yet been initiated- the court where the request for a procedure has first been submitted.

Article 24

If a crime is committed on domestic ship or on domestic aircraft while it is on domestic port, the court in which region the port is located is competent. In other cases when a crime is committed on domestic ship or on domestic aircraft, it is that court which is competent in which region the home port of the ship, i.e. aircraft is or in the domestic port in which the ship i.e. aircraft has first arrived.

Article 25

(1) If a crime is committed by the press, it is the court in which region the article is printed that is competent. If the locality is not known, or if the article is printed in a foreign country, it is the court in which region the printed article is distributed that is competent.

(2) If according to the Code, the author of the article is responsible, it is the court in which region the author resides that is competent, or the court in which region the event described in the article took place that is competent.

(3) Provisions of previous paragraphs will accordingly be implemented if the article or the statement is announced by radio or television.

Article 26

(1) If the crime locality is not known or it is out of the territory of the Republic of Macedonia, then the court in which region the accused has his or her permanent or temporary residence is competent.

(2) If the court, in which region the accused has his or her permanent or temporary residence that has initiated the procedure, continues to be competent despite the fact that the crime locality has been revealed.

(3) If the crime locality is not known nor is the permanent or temporary residence of the accused or both of them are out of the territory of the Republic of Macedonia, then the court in which region the accused will be caught or will turn himself in is competent.

Article 27

If a person has committed crimes both in the Republic of Macedonia and abroad, then the court of the Republic of Macedonia is competent.

Article 28

If according to the provisions of the Code it cannot be established which court is locally competent, then the Supreme Court of the Republic of Macedonia is authorised to appoint one of the competent courts before which the procedure will be conducted.

3. Joining and separating of the procedure

Article 29

(1) If one has been accused of several crimes, it is the court where on the request of the authorised prosecutor the procedure has first been initiated, that is competent and if the procedure has not yet been initiated- the court where the request for a procedure has first been initiated.

(2) According to provisions of paragraph 1 of this Article the competence is also distinguished in cases when the damaged has simultaneously committed crime against the accused.

(3) The court which has first initiated the procedure for one of the collaborators is competent for all collaborators.

(4) The court competent for the person who has committed crime is also competent for the collaborators, persons who have hidden the crime, ones who have helped the person to commit the crime, as well as ones who have not denounced the criminal, the crime preparation and the crime committing.

(5) In all cases of paragraphs 1, 2, 3 and 4 of this Article, by regulation a unique procedure will be initiated and a unique verdict will be brought.

(6) On the proposal of the public prosecutor, the court may decide to initiate a unique procedure and bring a unique verdict even in cases when there are several accused persons for a number of crimes, but only if there is a mutual relationship among the committed crimes and the same evidence.

(7) The court may decide to conduct a unique procedure and to bring a unique verdict if before one court deferent procedures are engaged against one person for several crimes and against several persons for the same crime.

(8) For procedure joining decides the court which is competent for the unique procedure. A special appeal against the decision is not allowed which refers to the procedure joining or when the joining proposal is refused.

Article 30

(1) The competent court under Article 29 of this Code may decide the procedure for separate crimes or against different accused to be separated and finished separately or to be directed to another competent court if there are important reasons or reasons for completion until the finishing of the trial.

(2) The procedure separating decision is brought by a competent court after the hearing of the public prosecutor when the criminal procedure is engaged on his request.

(3) A special appeal is not allowed against a procedure separating decision or against a refused separating proposal for the procedure.

4. Transferring local competence

Article 31

(1) If the competent court is prevented to proceed for lawful or real reasons, it is obliged to inform the immediate superior court, which after the hearing of the public prosecutor, when the procedure is conducted on the request of the public prosecutor will appoint another competent court on its region.

(2) A special appeal against this decision is not allowed.

Article 32

(1) For this procedure, the immediate superior court may establish another competent court on its region if it is obvious that the procedure will be conducted with less complication or if there are other important reasons.

(2) The court may bring the decision on reference of paragraph 1 of this Article on the proposal of the investigating judge, the individual judge or the Chairman of the Chamber, or on the proposal of the public prosecutor who proceeds before the court which decides on local competence transferring when the criminal procedure is on the request of the public prosecutor.

5. Consequences of competence and competence encounter

Article 33

(1) The court has a duty to consider its competence and when it has concluded that it is not competent, the court will be announced to be incompetent and according to the final legally valid decision it will direct the case to the competent court.

(2) After prosecution act has been enforced, the court cannot be announced to be locally incompetent, nor can the parties object to its local incompetence.

(3) The incompetent court is obliged to take over the acts in the procedure when there is a danger of cancelling.

Article 34

(1) If the court to which the case has been directed as competent considers that the court which directed the case to itself or some other court is competent, it will initiate a procedure for resolving the competence encounter.

(2) When on the appeal against the decision of first degree court according to which it was announced incompetent and second degree court has made the decision, in reference of the competence, the court to which the case has been directed is bound to that decision if the second degree court is competent to resolve the competence encounter between these courts.

Article 35

(1) The competence encounter between courts is decided by the mutual immediate superior court.

(2) Before resolving competence encounter, the court will ask for an opinion from the public prosecutor, who is competent before that court, when the criminal procedure is conducted on the request of the public prosecutor. A special appeal against this decision is not allowed.

(3) While resolving competence encounter, the court may simultaneously ex officio bring a decision on transferring local competence, if the conditions under Article 32 of this Code are fulfilled.

(4) Until the competence encounter between courts is resolved, each court is obliged to take over the acts in the procedure when there is a danger of cancelling.

Chapter III

EXCLUSION

Article 36

A judge or a lay judge must not exercise his obligations:

            1) if he is damaged with a crime;

            2) if the accused, his counsel, prosecutor, damaged, his defence attorney or authorised representative is his marital i.e. illegitimate spouse or a blood relative according to law to      whichever degree of kinship, a distant relative to the fourth degree and an in- law to the second degree;

            3) if with the accused, his counsel, prosecutor or with the damaged is in the relationship of a  guardian, a person under guardianship, one who adopts, an adopted child, one who fosters or a foster child;

            4) if in the same criminal case he was investigating or he participated in the examination of the accusation before the trial or participated in the procedure as a prosecutor, counsel, defence attorney or authorised representative for the damaged i.e. the plaintiff or was at the hearing as a witness or as an expert;

            5) if in the same case he participates in the decision bringing of the lower court or if in the same court he participated in the decision bringing which is cancelled with an appeal;

            6) if there are circumstances which provoke suspicion on his impartiality.

Article 37

(1) When he realises existence of reasons for exclusion under Article 36, paragraphs 1 and 5 of this Code, the judge or lay judge is obliged to interrupt any activity on that case and to inform the President of the court on that, who will provide him a substitute. If there is an exclusion of the President of the court, he will provide himself a substitute among judges of that court, and if it is not possible, he will address to the President of the immediate superior court to provide him a substitute.

(2) If the judge or lay judge considers that there are other circumstances for his exclusion (Article 36, paragraph 6), he will inform the President of the court of that issue.

Article 38

(1) Parties can demand exclusion.

(2) Parties may submit a request for exclusion until the beginning of the trial and if of the reasons for exclusion they are informed later, they submit the request for exclusion immediately after they have been informed.

(3) Exclusion of a judge of the superior court can be demanded by the party in a form of an appeal or a reply to the appeal.

(4) The party can demand exclusion only of an individual judge or a lay judge, who proceeds the case i.e. a judge from the superior court.

(5) The party is obliged to cite the circumstances in its demand according to which it considers that there is a lawful ground for exclusion. In the demand, the reasons for the previous exclusion demand, which was refused, cannot be cited again.

Article 39

(1) The President of the court decides on the exclusion demand under Article 38 of this Code.

(2) If there is an exclusion demand only for the President of the court, or for the President of the court and the judge or the lay judge, the exclusion decision is brought by the President of the immediate superior court, and if there is an exclusion demand for the President of the Supreme Court of the Republic of Macedonia, the exclusion decision is reached on a general session of that court.

(3) Before bringing the exclusion decision it will be provided a statement from the judge, lay judge i.e. President of the court and if necessary other acts will be performed.

(4) A special appeal against the decision on the approval of the exclusion demand is not allowed. A special appeal can refute the decision with which the exclusion demand is refused and if such a decision is brought after the reopened charge, then it can be refuted only by an appeal to the verdict.

(5) If the exclusion demand under Article 36, paragraph 6 of the Code is initiated after the beginning of the trial and if it was proceeded against the provisions of Article 38, paragraphs 4 and 5 of this Code, the demand will be fully i.e. partially refused. A special appeal against the decision, with which the demand is refused is not allowed. The decision with which the demand is refused is brought by the President of the court, and on the trial- by the Chamber. The judge, whose exclusion is demanded may participate in the decision bringing.

Article 40

When a judge, or lay judge learns of his exclusion demand, he is obliged to interrupt his work on the case immediately, and if his exclusion is under Article 36, paragraph 6 of this Code, until the decision bringing of the demand, he may take over only those acts for which there is the danger of cancelling.

Article 41

(1) The exclusion provisions for judges and lay judges will be accordingly implemented on public prosecutors and persons, which according to the public prosecution law are authorised to present the public prosecutor in the procedure, the court clerks, interpreters and specialised persons, as well as experts, if nothing else has been defined for them (Article 236).

(2) The public prosecutor decides on exclusion of persons, who on the ground of public prosecution law are authorised to present him in the criminal procedure. The immediate superior public prosecutor decides on exclusion of a public prosecutor. The Board of secretaries of the Public Prosecution of the Republic of Macedonia decides on exclusion of the public prosecutor of the Republic of Macedonia.

(3) The Chamber, the Chairman of the Chamber or the judge decides on exclusion of court clerks, interpreters, specialised persons and experts.

(4) When authorised officials from the Ministry of Internal Affairs take over investigations on the ground of this Code, the investigating judge decides on their exclusion. If a court clerk participates in taking over the acts, the official who takes over the act decides on his exclusion.

Chapter IV

PUBLIC PROSECUTOR

Article 42

(1) The public prosecutor's general right and duty is to prosecute criminals.

(2) Of crimes which are prosecuted ex officio, the public prosecutor is competent:

            1) to take necessary measures in relation of revelation of crimes and criminals and to direct                    the preliminary procedure;

            2) to demand investigation;

            3) to enforce and present the prosecution act i.e. prosecution proposal before the competent     court;

            4) to appeal against court decisions which are not final and to propose extraordinary remedies against final court decisions.

(3) The public prosecutor conducts other activities determined by this Code.

Article 43

The local competence of the public prosecutor is determined by provisions valid for the court competence on that region to which the prosecutor is appointed.

Article 44

When there is a danger of cancelling, the procedure acts will be taken over by an incompetent public prosecutor on that region, but he must immediately inform the appointed competent public prosecutor.

Article 45

The public prosecutor takes over every procedure act to which he is authorised according to the Code, individually or by assistance of other persons, who on the grounds of the public prosecution code are authorised to present him in the criminal procedure.

Article 46

The competence encounter among public prosecutors is decided by a mutual immediate superior public prosecutor.

Article 47

The public prosecutor may withdraw from the request for prosecution until the finishing of the trial before first degree court, and before the superior court- in cases established by this Code.

Chapter V

DAMAGED AND PRIVATE PROSECUTOR

Article 48

(1) For crimes for which it is prosecuted on a proposal or on a private charge, the proposal or the private charge are submitted within a period of three months from the day when the authorised person for submitting the proposal or the private charge has learned of the crime and criminal.

(2) If there is a private charge against an offence, until the finishing of the trial and the period under paragraph 1 of this Article, the accused may issue a charge against the plaintiff, who has simultaneously been offending him (counter charge). In this case the court gives a verdict.

Article 49

(1) The prosecution proposal is submitted to the competent prosecutor (Article 141) and the private charge to the competent court.

(2) If the damaged himself submits a criminal charge or suggests a realisation of a lawful property request in the criminal procedure, he will be considered to have made a prosecution proposal.

(3) When the damaged submitted a criminal charge or a prosecution proposal and during the procedure it is established that it is in question a crime on a private charge, then the charge i.e. proposal will be considered as a due private charge if it is submitted within the proscribed period for private charges. The private charge which is submitted in due time will be considered to be a due submitted proposal of the damaged if during the procedure it is established that it is in question a crime for which it is prosecuted on a proposal.

Article 50

(1) For minors and incapable persons a criminal prosecution proposal or a private charge is submitted by their defence attorney.

(2) Minors over sixteen years of age may submit proposals or private charges themselves.

Article 51

If the damaged or the private plaintiff dies during the period of submitting proposals or private charges or during the procedure, his marital i.e. illegitimate spouse, children, parents, adopted children, persons who have adopted, brothers and sisters, within a period of three mounts after his death may submit a proposal or a charge i.e. make a statement that they continue the procedure.

Article 52

If several persons are damaged by a crime, the prosecution will be initiated i.e. continued on a proposal or private charge of each damaged.

Article 53

With a statement to the court before which the procedure is conducted, the damaged and the private plaintiff may cancel the proposal i.e. private charge until the finishing of the trial. In that case they do not have the right to submit a proposal i.e. private charge again.

Article 54

(1) If the private plaintiff does not attend the trial although he has been summoned or the court summons could not have been handed because he has not announced his present address of his temporary or permanent residence to the court, then it will be considered that he has withdrawn from his charge, unless with this Code something else is defined (Article 428).

(2) The Chairman of the Chamber will allow the private plaintiff to restore his previous condition if, for justified reasons he could not have attended the trial or have informed the court of his present address in due time, if within a period of eight days after his impediment he submits an appeal to be restored in previous condition.

(3) After the period of three mounts a request to be restored in previous condition cannot be demanded.

(4) A special appeal against the decision which allows restoring in previous condition is not allowed.

Article 55

(1) During the investigation the damaged and the private plaintiff have a right to point out all the facts and suggest evidence which are important to detect the crime, to reveal the criminal and to establish their lawful property requests.

(2) At the trial, they have the right to suggest evidence, to question the accused, witnesses and experts, to object and explain in reference of their statements and to give other statements and suggestions.

(3) The damaged, the damaged as a plaintiff and the private prosecutor have a right to the records and cases which serve as evidence. The damaged may not have the right to the records until he is examined as a witness.

(4) The investigating judge and the Chairman of the Chamber will inform the damaged and the private plaintiff of their rights under paragraphs 1 to 3 of this Article.

Article 56

(1) When the public prosecutor realises that there is no ground for an ex officio criminal prosecution, or when he realises that there is no ground for taking over the prosecution against one of the denounced collaborators, it is his duty to inform the damaged within a period of eight days and to instruct him that he may take over the prosecution himself. The court will act in the same manner if it has made a decision for ceasing the procedure because the public prosecutor has withdrawn from the prosecution.

(2) The damaged has a right to take over i.e. continue the prosecution within a period of eight days from the time when he has been informed under paragraph 1 of this Article.

(3) If the public prosecutor has withdrawn from his prosecution act, by taking over the prosecution, the damaged may continue the initiated prosecution act or may initiate a new act.

(4) The damaged who has not been informed that the public prosecutor did not take over the prosecution may give a statement that he continues the procedure before the competent court within a period of three mounts from the day when the public prosecutor withdrew from the application.

(5) When the public prosecutor i.e. court informs the damaged that he may take over the prosecution, he i.e. it will instruct him which acts he may take over in order to exercise his right.

(6) If the damaged as a plaintiff dies during the period for taking over the prosecution or during the procedure, his marital spouse i.e. illegitimate spouse, children, parents, adopted children, persons who have adopted, brothers and sisters, within a period of three mounts from the day of his death may take over the prosecution i.e. give a statement that they continue the procedure.

Article 57

(1) When the public prosecutor cancels his prosecution act at the trial, the damaged is obliged immediately to state whether he wishes to continue the prosecution. If the damaged has not attended the trial although he was summoned or his court summons could not have been handed because the damaged did not announce his present address to the court, it will be considered that he does not wish to continue the prosecution.

(2) The Chairman of the Chamber of first degree court will allow the damaged restoring to previous condition who has not been summoned or has been, but for justified reasons could not have attended the trial where the verdict was brought with which the charge against the public prosecutor's cancelling his prosecution act is refused if the damaged, within a period of eight days from the pronounced verdict appeals to restore him in his previous condition and if he, in his application states that he continues the prosecution. In this case, a trial will be set again and with the verdict reached on the basis of the new trial, the previous verdict will be cancelled. If the summoned damaged does not attend the new trial, the previous verdict is legally valid. Provisions of Article 54, paragraphs 3 and 4 of the Code will be applied in this case.

Article 58

(1) If the damaged does not initiate or continue the prosecution within the proscribed period or if the damaged as a plaintiff does not attend the trial although he has been summoned or the court summons could not have been handed because the damaged did not announce his present address to the court, he will be considered to have withdrawn.

(2) In case the damaged does not attend the trial as a plaintiff where he has been summoned, provisions of Article 54, paragraphs 2 to 4 of this Code will be applied.

Article 59

(1) The damaged as a plaintiff has the same rights as the public prosecutor, except for the public prosecutor's rights as a state body.

(2) In the procedure conducted on the request of the damaged as a plaintiff, the public prosecutor has a right to take over the prosecution and defence until the finishing of the trial.

Article 60

(1) If the damaged is a minor or an incapable, his defence attorney is authorised to give statements and take over acts to which, according to this Code the damaged has a right.

(2) The damaged who is over sixteen years of age is authorised to give statements and take over acts in the procedure himself.

Article 61

(1) The private prosecutor, the damaged and the damaged as a plaintiff, as well as their defence attorneys can exercise their rights in the procedure by the assistance of their authorised representatives.

(2) To the damaged as a plaintiff, when the procedure is on his request for a crime for which there is a lawfully proscribed sentence to over five- year imprisonment, the court can, on his request assign an authorised representative if it is in favour of the procedure and if the damaged as a plaintiff, according to his property condition, cannot bear the expenses for authorisation. The investigating judge i.e. Chairman of the Chamber decides on the request and the President of the court from among the lawyers appoints the authorised representative.

Article 62

The private prosecutor, the damaged as a plaintiff and the damaged, as well as their defence attorneys and authorised representatives are obliged to inform the court of any change of their address of temporary or permanent residence.

Chapter VI

COUNSEL

Article 63

(1) Everyone has a right to a counsel in the pre-criminal and in the court procedure.

(2) The person under suspicion in the pre-criminal procedure, i.e. the accused before the first questioning must be instructed that he has a right to have a counsel of his own choosing and that the counsel may attend his questioning.

(3) His authorised representative, marital i.e. illegitimate spouse, a blood relative of first degree, a person who has adopted, an adopted child, a brother, a sister and a person who has sustained can provide a counsel for the accused.

(4) Only a lawyer can be a counsel for the defence.

(5) The counsel is obliged to submit an authorisation to the body before which the procedure is conducted. The accused can allow the counsel an oral authorisation for the register before the body where the procedure is conducted.

Article 64

(1) Several defendants can have a mutual counsel only if it is not against the interest of their defence.

(2) A defendant can have several counsels and the defence is considered to be provided when one of the counsels participates in the procedure.

Article 65

(1) The damaged, marital i.e. illegitimate spouse of the damaged or of the plaintiff, their blood relative of the first line to whichever degree, in family line to the fourth degree or an in- law to the second degree cannot be a counsel.

(2) A counsel cannot be a person summoned as a witness in the procedure unless he is, according to the Code free from his duty to witness and has stated that he is not going to witness or if the counsel is being heard as a witness in the case under Article 218, item 2 of this Code.

(3) A counsel cannot be a person who, in the same case has acted as a judge or as a public prosecutor.

Article 66

(1) If the accused is dumb, deaf or incapable to defend himself successfully or if a criminal procedure is conducted against him for a crime for which, according to the Code a sentence to life imprisonment is proscribed, then he must have a counsel during his first questioning.

(2) The defendant must have a counsel if detention is defined against him during the detention period.

(3) After the prosecution act due to a crime for which a sentence to ten years or more severe sentence is proscribed with the Code, the accused must have a counsel in the time of the prosecution act delivery.

(4) As soon as decision for a trial in absence is brought, the accused who is tried in absence (Article 292) must have a counsel.

(5) If the accused in cases of obligatory defence according to previous paragraphs of this Article does not provide a counsel himself, the President of the court will assign a counsel ex officio for the further duration of the criminal procedure until the final legally valid verdict. When the accused is being assigned a counsel ex officio after the prosecution act, he will be informed of this issue as well as of the delivery of the prosecution act.

Article 67

(1) When there are no conditions for obligatory defence and the procedure is conducted for a crime for which a sentence to over three years is proscribed according to the Code, on his request the accused can be assigned a counsel, if his property condition does not allow him to bear the defence expenses.

(2) A request for a counsel assignment according to paragraph 1 of this Article can be submitted only after the prosecution act is brought. The Chairman of the Chamber decides on the request, and the President of the Court assigns the counsel.

Article 68

(1) Instead of the assigned counsel (Articles 66 and 67) the accused can supply himself another counsel. In that case, the assigned counsel will be dismissed.

(2) The assigned counsel can only for justified reasons request to be dismissed.

(3) For the counsel dismissal in cases under paragraphs 1 and 2 of this Article decides the investigating judge i.e. Chairman of the Chamber before the trial, the Chamber at the trial and the Chairman of first degree Chamber i.e. the competent Chamber for decisions in a procedure on an appeal at the appeal procedure. A special appeal is not allowed against this decision.

(4) The President of the Court, on the request of the accused or on his agreement can dismiss the assigned counsel who has not exercised his duties competently. The President of the Court will assign another counsel instead. The Bar will be informed of the dismissal of the counsel.

Article 69

When the request of the authorised prosecutor for initiation of a criminal procedure is submitted, as well as when, before bringing the decision for investigation, the investigating judge has conducted necessary investigation, the counsel has a right to have an access to the records and other obtained material which serve as evidence.

Article 70

If the accused is detained, he can freely and without supervision correspond and communicate with his counsel. Exceptionally, during the investigation, the investigating judge may subdue this right to supervision, if the detention is determined under Article 184, paragraph 1, item 2, and there is a grounded suspicion that the accused might abuse the communication with his counsel.

Article 71

(1) The counsel is authorised to take over all proscribed acts which he can in favour of the accused.

(2) The counsel's duties and obligations cease when the accused revokes the authorisation.

Chapter VII

PETITION REQUEST AND MINUTES

Article 72

(1) Private charges, prosecution acts and prosecution proposals of the damaged as a plaintiff, proposals, judicial remedies and other statements and announcements are submitted in a written form or are given orally for the minutes.

(2) Petition requests under paragraph 1 of this Article must be comprehensible and consist everything necessary to be able to act accordingly.

(3) If not stated otherwise in this Code, the court will summon the person who has submitted the petition request which is not comprehensible or does not consists of everything necessary to be able to act accordingly, to correct i.e. supplement the petition request and if he does not accomplish it in the proscribed period, the court will reject the petition request.

(4) In the summons for correction i.e. supplement of the petition request, the receiver of the court summons will be warned of the consequences of not using his right.

Article 73

(1) Petition requests which according to this Code are submitted to the counter- party are to be submitted to the court in a sufficient number of copies for the court and for the other party.

(2) If such petition requests are not submitted to the court in a sufficient number of copies, the court will summon the person to submit a sufficient number of copies in the proscribed period. If the person does not act according to the court order, the court will copy the necessary copies at his expense.

Article 74

(1) The court will issue a fine penalty of at least a half and at most a double amount of an average payment in the Republic, paid in the last month, announced by the Bureau of Statistics (in the further text- payments) for the counsel, authorised representative, defence attorney, damaged, private prosecutor or damaged as a plaintiff who, in the petition request orally offends either the court or the person who participates in the procedure. The penalty decision is brought by the investigating judge i.e. Chamber before which the statement is made and if the offence is in the petition request- the court which has to decide on the petition request. An appeal is allowed against this decision. If the public prosecutor or the person who represents the accused offends someone else, the competent public prosecutor will be informed of the issue. The bar will be informed of issuing penalties for the lawyer i.e. training lawyer.

(2) Penalty issuing under paragraph 1 of this Article does not influence the prosecution and the sentence pronouncing for a crime committed with offence.

Article 75

(1) For each act in the criminal procedure a minutes will be constructed at the time when the act is being conducted, and if it is not possible then immediately after.

(2) The minutes is written by the court clerk. Only when a search of a residence or a person is performed or when this act is conducted out of the office premises of the body and a court clerk cannot be provided, then the person who takes over the act can write the minutes.

(3) The minutes which is written by the court clerk is constructed in manner that the person who takes over the act loudly instructs the court clerk what he will insert in the minutes.

(4) The person being examined will be allowed to reply only for the minutes. In case of abusing he can be deprived from this right.

Article 76

(1) The following is inserted in the minutes: the name of the state body before which the act is being conducted, the locality of the act, the day and the hour when the act started and finished, the names of the present persons and in which function they are present, as well as notification of the criminal case according to which the act is being initiated.

(2) The minutes should contain crucial data on the duration and the contents of the initiated act. In the minutes in form of reporting only the crucial content of the given statements and announcements are notified. Questions are written in the minutes only if it is necessary to comprehend the answer. If necessary the question and answer will be written in the minutes literary. If when initiating the act, certain material and records are taken over, that will be notified in the minutes, and the deprived material will be also included in the minutes or it will be stated where they are kept.

(3) When initiating acts such are inspection, search of residences or persons or recognising persons or objects (Article 225) the data important due to the nature of such act or for confirming the identity of separate objects (description, measurements, size of objects or trails, marking the objects etc.) will be written in the minutes, and if sketches, drawings, plans, photographs, film shots and similar are made that will be included and enclosed to the minutes.

Article 77

(1) The minutes must be kept correctly, nothing can be erased, added or altered in it. Crossed out lines must remain legible.

(2) All altered, corrected and added lines must be written at the end of the minutes and must be certified by the persons who sign the minutes.

Article 78

(1) The examined person, persons who are bound to participate in the acts of the procedure as well as parties, counsel and damaged if present have the right to read the minutes or to require it to be read to them. The person who initiates the act is obliged to warn him and it will be written in the minutes whether he was warned and whether the minutes was read. The minutes will be read if there is not a court clerk which will be also written in the minutes.

(2) The minutes will be signed by the examined person. If the minutes consists of several sheets, the examined person will sign each sheet.

(3) At the end of the minutes the interpreter will sign if present, as well as witnesses whose presence is compulsory when initiating the investigation and when searching the person or his residence which are being searched. If the minutes is not written by the court clerk (Article 75, paragraph 2) the minutes is signed by persons present at the act. If such persons are not present or are not able to comprehend the contents of the minutes, it is signed by two witnesses unless their presence is not possible to obtain.

(4) Illiterate persons put a right hand fingerprint of their index fingers instead of a signature and under the fingerprints the court clerk will write their names. If it is not possible to put a right hand index fingerprint, a fingerprint of another finger or a left hand fingerprint is put and in the minutes it will be written which fingerprint from which finger and hand is taken.

(5) If the examined is handless- the minutes will be read and if he is illiterate- the minutes will be read to him and that will be notified in it. If the examined refuses either to sign the minutes or to put his fingerprint, that and the reasons for his refusal will be notified in the minutes.

(6) If the act could not have been completed without an interruption, the day and hour of the interruption as well as the day and hour when the act continued will be written in the minutes.

(7) If there is an objection in reference of the contents of the minutes, the objection will also be inserted in the minutes.

(8) At the end the person who has taken over the act and the court clerk sign the minutes.

Article 79

(1) When according to the Code it is defined that on the grounds of the statement of the accused, witness or expert the court decision cannot be based, the investigating judge will ex officio or on the proposal of the parties bring a decision immediately to separate the minutes for these statements from the records and at the latest by the investigation completion, i.e. the investigating judge will agree that the prosecution act will be brought without conducting investigation (Article 153, paragraph 1). A special appeal is allowed against this decision.

(2) After the final legally valid decision, the separate minutes are closed in special cases and are kept by the investigating judge apart from other records and cannot be available or used in the procedure.

(3) After the investigation as well as after the agreement that the prosecution act can be brought without investigation (Article 153, paragraph 1), the investigating judge will act according to provisions of paragraphs 1 and 2 of this Article and in reference of all announcements which under Article 142 of this Code are given to the Ministry of Internal Affairs by the accused and persons included in Articles 218 and 219 and Article 236, paragraph 1 of this Code. When the public prosecutor initiates the prosecution act without investigation (Article 153, paragraph 6), he will submit records where there are such announcements of the investigating judge, who will act according to provisions of this Article.

Article 80

(1) The investigating judge may decide the investigation to be recorded with a device for audio or visual recording, but the person who is examined i.e. heard will be informed of that.

(2) The recording must contain data under Article 76, paragraph 1 of this Code, necessary data to identify the person whose statement is recorded and data in which function the person gives the statement. When statements of several persons are recorded, it must be clearly recognised from the recording who has given the statement.

(3) On request of the examined person, the recording will be multiplied immediately and the corrections or explanations by the person will be also recorded.

(4) It will be written in the minutes that the investigation is conducted with a device for audio or visual recording, who has completed the recording, whether the person who is being examined was previously informed of the recording, that the recording is multiplied and where the recording is kept if it is not enclosed to other records of the case.

(5) The investigating judge may order the audio recording to be fully or partially copied. The investigating judge will check the copy, will certify it and will include it to the minutes for initiating investigating act.

(6) Audio and other recordings are kept by the court by the time within which the criminal record is kept.

(7) The investigating judge may allow the persons who have justified interests to record the investigation with a device for audio or visual recording.

Article 81

Provisions from Articles 300 to 303 of the Code are valid for the minutes of the trial.

Article 82

(1) A special minutes will be constructed for advising deliberation and voting.

(2) The advising and voting minutes contains the duration of voting and the reached decision.

(3) This minutes is signed by all members of the Chamber and the court clerk. Dissenting opinions will be included in the advising and voting minutes if not included before.

(4) The advising and voting minutes will be closed in a special case. Only the Superior Court has an access to this minutes when it decides on the judicial remedy and in that case it is obliged to close the minutes in a special case and to certify on the case that it had an access to the minutes.

Chapter VIII

PROSCRIBED PERIODS

Article 83

(1) The proscribed periods in the Code cannot be extended, unless the Code explicitly allows it. If the issue is about a period which is defined with the Code to protect the right of the defence and other procedure rights of the accused, the period can be shortened if the accused requires it in a written form or orally for the minutes before the court.

(2) When a statement is tied to a specified period, it will be considered to be given within the period if it is given to the authorised person to accept it before the period expires.

(3) When the statement is sent by post as a registered parcel or by telegraph, the day of the post delivery is considered as the day of delivery to the person to whom it is addressed. The delivery of army postage in places where there is not a regular post office, it is considered as a delivery of a registered parcel to a post office.

(4) The pre- trial detained may make a statement tied to a period for the minutes in the court which conducts the procedure or may give his statement to the prison government and the person serving his sentence or a person in an institution for security or educational measurements may give his statement to the management of that institution. The day when such a minutes is constructed, i.e. when the statement is given to the institution management is considered as the day of submitting the statement to the competent body.

(5) If a petition request tied to a period is submitted to the incompetent court within the period due to ignorance or an obvious error, therefore it arrives at the competent court after the period, it will be considered to be submitted on time.

Article 84

(1) Proscribed periods are calculated in hours, days, months and years.

(2) The hour or day when the delivery or the announcement, i.e. when the event from which the beginning of the period is to be calculated is completed, is not calculated in the period but the next hour i.e. day is considered to be the beginning of the period. In a day there are 24 hours and a month is calculated in calendar time.

(3) Periods in months i.e. years are completed when the day of the last month i.e. year expires, which according to the number is equivalent to the day when the period was set. If the day of the last month does not exist, the period is finished on the last day of that month.

(4) If the last day of the period is on a bank holiday or on a Saturday or Sunday or on any other day when the state body does not work, the period expires on the first following working day.

Article 85

(1) If the accused, who for justified reasons omits the period for an appeal to the verdict or decision for security measurements implementation or educational measurements or property interest deprivation then the court will allow him restoring into previous condition with an appeal if in the period of eight days after the reason for which he has missed the period, he submits an appeal and an application for restoring into previous condition.

(2) After the three month expiring from the day of his missing the period, an appeal for restoring into previous condition cannot be requested.

Article 86

(1) The Chairman of the Chamber who has reached the verdict or brought the decision which is annulled with the appeal decides on restoring into previous condition.

(2) A special appeal is not allowed against decision which allows restoring into previous condition.

(3) When the accused has submitted an appeal to the decision which does not allow restoring into previous condition, the court is obliged to submit the appeal to the Superior Court on a decision together with the appeal on the verdict or on the decision for security measurements implementing or educational measurements or property interest deprivation, as well as with the reply to the appeal and with all records.

Article 87

The appeal for restoring into previous condition does not regularly keep from reaching the final verdict i.e. decision for security measurement application or educational measurement or property interest deprivation, but the competent court for deciding on the appeal may decide the procedure to be interrupted until the decision on the appeal is brought.

Chapter IX

CRIMINAL PROCEDURE EXPENSES

Article 88

(1) Criminal procedure expenses are expenses for the criminal procedure, from its initiation to its completion and expenses for the undertaken investigation acts before the investigation.

(2) Criminal procedure expenses consist of:

            1) expenses for witnesses, experts, interpreters and specialised persons, as well as inspection expenses;

            2) transport expenses for the accused;

            3) expenses for apprehension of the accused i.e. the arrested;

            4) transport expenses for the officials;

            5) medical treatment of the accused while he is pre- trial detained or detained due to a trial and child- birth expenses;

            6) gross amount;

            7) recompense and necessary expenses for the counsel, necessary expenses for the private prosecutor and for the damaged as a plaintiff and their legal authorities, as well as recompense and necessary expenses for their authorised representatives;

            8) necessary expenses for the damaged and his legal authority, as well as recompense and necessary expenses for his authorised representative.

(3) The gross amount is determined within frames of amounts determined with a regulation considering the duration and complexity of the procedure and the property condition of the person who is obliged to pay the amount.

(4) Expenses from items 1 to 5, paragraph 2 of this Article as well as necessary expenses for the competent counsel and competent authorised representative of the damaged as a plaintiff (Articles 67 and 93), in procedure for crimes prosecuted ex officio are paid in advance from the budget of the body that conducts the criminal procedure and the persons which are obliged to compensate according to provisions of the Code are charged later. The body which conducts the criminal procedure is obliged to write all expenses paid in advance in the register, which will be enclosed in the records.

(5) Expenses for interpretation under provisions of the Code referring to the right to a free assistance of an interpreter will not be charged to persons who according to the provisions of this Code are obliged to compensate the criminal procedure expenses.

Article 89

(1) In each verdict and decision which interrupts the criminal procedure or rejects the prosecution act it will be decided who will bear the procedure expenses and how high they are.

(2) If there is no data on the extent of expenses, a special decision on the expense extent will be made by the investigating judge, individual judge or the Chairman of the Chamber when data are collected. The request with data for the expense extent may be submitted within a period of thirty days from the day of reaching the final legally valid verdict or decision for the person who has the right to submit such a request.

(3) When it is decided with a special decision on an appeal for the criminal procedure expenses, the Chamber decides against that decision (Article 22, paragraph 6).

Article 90

(1) The accused, damaged, damaged as a plaintiff, private prosecutor, counsel, authorised representative, representing authority, witness, expert, interpreter and the specialised person (Article 161), without regard to the criminal procedure outcome, bear the expenses for their summoning, for cancelling investigation acts or trial or other procedure expenses, for which they are responsible, as well as the appropriate portion of the gross amount.

(2) A special decision is brought on expenses under paragraph 1 of this Article, unless on expenses that the private prosecutor and the accused bear, is not decided in the decision on the main issue.

Article 91

(1) When the court finds the defendant guilty, it will state in the verdict that he is obliged to compensate the criminal procedure expenses.

(2) A person accused of several crimes will not be convicted to pay the expenses for those crimes for which he was released from the accusation if it is possible these expenses to be excluded from the total amount of expenses.

(3) In the verdict which convicts several accused, the court will decide on the separate amounts for each accused and if not possible, it will convict each accused equally to bear the expenses. Payment of gross amount will be determined for each accused individually.

(4) In the decision on expenses, the court may release the accused from his duty to pay fully or partly the criminal procedure expenses under Article 88, paragraph 2, items 1 and 6 of this Code, if by his paying the expenses, his own supporting or supporting of the persons he is obliged to provide for would be threatened. If circumstances are distinguished after the expense decision, with a special decision the Chairman of the Chamber may release the accused from his duty to pay the criminal procedure expenses.

Article 92

(1) When the criminal procedure ends or when the verdict is reached where the accused is released from his charge or where the charge is rejected or when the prosecution act in the decision is rejected i.e. in the verdict it will be stated that criminal procedure expenses under Article 88, paragraph 2, items 1 to 5 of this Code, as well as necessary expenses of the accused and necessary expenses and recompense for the counsel fall on the budget, except for cases determined in the following paragraphs.

(2) Any one fully aware of his false application will bear criminal procedure expenses.

(3) The private prosecutor is obliged to pay for the criminal procedure expenses under Article 88, paragraph 2, items 1 to 6 of the Code, necessary expenses of the accused as well as necessary expenses for the recompense of his counsel, if the procedure is completed with a verdict which releases the accused from his charge or if the prosecution act is rejected by a verdict or if the prosecution act is rejected by a decision to end the procedure unless the procedure has ceased i.e. if the given verdict rejects his charge because of death of the accused, his permanent mental illness or because of an expired criminal prosecution due to cancelling the procedure which cannot be imputed as the private prosecutor's guilt. If the procedure is cancelled because of revoking the charges, the accused and the private prosecutor may equalise their mutual expenses. If there are several private prosecutors they will bear the expenses equally.

(4) The damaged who has revoked the prosecution proposal, due to which the procedure has expired will bear the penal procedure expenses if the accused does not state that he will pay for them.

(5) When the court rejects the accusation due to incompetence, the competent court will bring decision on expenses.

Article 93

(1) Recompenses and necessary expenses for the counsel and for the authorised representative of the private prosecutor or of the damaged must be paid by the person who is being represented, without respect to the fact who is obliged to bear the criminal procedure expenses according to the court decision, unless according to provisions of the Code recompense and necessary expenses for the counsel fall on the budged. If the accused had an appointed counsel and if by his paying of the recompense and the necessary expenses, his own supporting and supporting of persons he is obliged to provide for would be threatened, then the recompense and the necessary expenses for the counsel will be paid from the budget. The same procedure will be conducted if the damaged as a plaintiff had an appointed authorised representative.

(2) An authorised representative who is not a lawyer has no right to a recompense, but only to compensation of necessary expenses.

Article 94

The Superior Court decides on duties to pay expenses conducted before the very court according to provisions of Articles 88 to 93 of the Code.

Article 95

Detailed regulation for compensation of criminal procedure expenses before courts are brought by the Minister of justice.

Chapter X

LEGAL PROPERTY REQUESTS

Article 96

(1) A legal property request due to a crime will be proceeded on proposal of authorised persons in the criminal procedure if the procedure would not be further cancelled with it.

(2) A legal property request may refer to damage compensation, returning objects or annulling certain lawful issues.

Article 97

A proposal for realisation of a legal property request in the criminal procedure may be submitted by a person who is authorised to realise such a request in a dispute.

Article 98

(1) A proposal for legal property request realisation in the criminal procedure is submitted to the body where the criminal application is also submitted or to the court before which the procedure is conducted.

(2) The proposal may be submitted until the completion of the trial before first degree court.

(3) The person authorised to submit the proposal is obliged to define his request and to submit evidence.

(4) If the authorised person does not submit a proposal for legal property request realisation in the criminal procedure until the opening of the charge, he will be informed that he may submit the proposal until the completion of the trial.

Article 99

(1) Authorised persons (Article 97) may until the completion of the trial withdraw from the proposal for legal property request realisation in the criminal procedure and may realise it through a dispute. In case of cancelling the proposal, such a proposal cannot be submitted again, unless something else is determined with the Code.

(2) If the legal property request after the submitted proposal before the completion of the trial has been past to another person according to the property law regulation, that person will be summoned to state whether he maintains the proposal. If the summoned does not answer, he will be considered to have cancelled the submitted proposal.

Article 100

(1) The court before which the procedure is conducted will examine the accused for the facts included in the proposal and will inspect the circumstances important to determine the legal property request. But even before the proposal is submitted, the court is obliged to collect evidence and to inspect all necessities for the decision on the request.

(2) If by realisation of the legal property request the criminal procedure would be significantly delayed, the court will limit itself only to collecting data whose determination would not be possible later and it would be significantly complicated.

Article 101

(1) The court decides on lawful property requests.

(2) In the verdict in which the court convicts the accused, it may judge the damaged a full or partial lawful property request and for the extra amount it may direct him to a dispute. If the criminal procedure data do not give a safe ground for a full or a partial verdict, the court will instruct the damaged that he may realise his full lawful property request through a dispute.

(3) When the court reaches a verdict with which the accused is released from the charge or a verdict which rejects the charge or when with the decision it cancels the criminal procedure or rejects the prosecution act, the court will instruct the damaged that he may realise his lawful property request through a dispute. When the court is announced to be incompetent in the criminal procedure, it will instruct the damaged to initiate or continue a criminal procedure for his lawful property request before a competent court.

Article 102

If the lawful property request refers to returning of an object, and the court concludes that the object belongs to the damaged and is kept by the accused or by some other collaborator in the crime or by a person to whom the object has been kept by, the court will announce in the verdict the object to be returned to the damaged.

Article 103

If the lawful property request refers to an annulment of a certain lawful file and the court finds that the request is justified, it will announce in the verdict a full or a partial annulment of the lawful file, with all due consequences, without interference with the rights of non- concerned third parties.

Article 104

(1) The final legally valid verdict referring to a lawful property request can be altered by the court in the criminal procedure only to avoid repetition of the criminal procedure or because of a request to protect the legality or due to an extraordinary review of the legally valid verdict.

(2) Apart from this case, the convicted i.e. his successors only by a dispute may request for the final legally valid verdict of the criminal court which has decided the lawful property request to be altered, only if there are conditions for repetition according to provisions valid for the legal procedure.

Article 105

(1) In the procedure according to provisions valid for the performed procedure, on the request of authorised persons (Article 97), temporary measurements for security of a legal property request due to a committed crime may be set.

(2) The investigating judge in the investigation reaches the decision under paragraph 1 of this Article. The Chairman of the Chamber brings the decision out of the trial after the initiated prosecution act, and the Chamber at the trial.

(3) A special appeal is not allowed against the decision of the Chamber for temporary measurement for security. In other cases the Chamber decides on the appeal (Article 22, paragraph 6). The appeal does not keep the decision from its execution.

Article 106

(1) If it is objects in question which undoubtedly belong to the damaged but do not serve as evidence in the criminal procedure, those objects will be given to the damaged before the procedure is completed.

(2) If several damaged are on a dispute for the property of objects, they will be directed to a dispute, and the court in the criminal procedure will decide on the guarding of the objects as a temporary measurement for security.

(3) Object serving as evidence will be temporarily deprived from the owner and after the procedure has been completed they will be returned to him. If the owner necessarily needs the object, it may be returned to him before the procedure is completed with an obligation to bring the object on a request.

Article 107

(1) If the damaged has a request from a third party for objects collected from the crime and kept by the third party or because due to the crime the third party has provided a property interest, in the criminal procedure on proposal of authorised persons (Article 97) and according to provisions valid for the performed procedure, the court may announce temporary measurements for security on behalf of the third party. Provisions of Article 105, paragraphs 2 and 3 of the Code are also valid in this case.

(2) In the verdict with which the accused is pronounced guilty the court will either terminate the measurements under paragraph 1 of this Article, if they are not terminated before, or will direct the damaged to a dispute by termination of this measurements if a dispute is not initiated within the period proscribed by the court.

Chapter XI

REACHING AND PRONOUNCING RESOLUTIONS

Article 108

(1) In the criminal procedure resolutions are reached in forms of verdicts, decisions and orders.

(2) Verdicts are brought only by the court and decisions and orders may be brought by other bodies which participate in the criminal procedure.

Article 109

(1) Chamber's resolutions are brought after oral advising and voting. A resolution is brought when the majority of the members of the Chamber vote for it.

(2) The Chairman of the Chamber manages the advising and voting and he is the last to vote. He is obliged to consider all questions fully and completely.

(3) When votes on a separate questions are divided and there is not a majority of votes, the questions will be separated and voting will be repeated until a majority of votes is accomplished. If the majority is not accomplished in this manner, the resolution will be reached in the way that votes which are the least favourable for the accused will be added to the votes which are less favourable until a majority is accomplished.

(4) The members of the Chamber cannot refuse to vote on questions set by the Chairman of the Chamber, but a member of the Chamber who has voted for the accused to be released or for the verdict to be annulled but has been in the minority group is not obliged to vote for the sanction. If he does not vote, it will be comprehended as if he has agreed with the vote which is on behalf of the accused.

Article 110

(1) During the resolution, the first issue is whether the court is competent, whether it is necessary to complete the procedure, as well as other previous questions. When decision on previous questions is brought it is proceeded to decisions on the main issue.

(2) During the bringing of the resolution on the main issue, first it will be voted whether the accused has committed crime and whether he is criminally responsible, and then it will be voted on the sentence, other criminal sanctions, criminal procedure expenses, legal property requests and other questions that need to be decided on.

(3) If anyone is accused of several crimes, first it will be voted on his criminal responsibility and on the sentence of each of those crimes and then on the unique sentence for the crimes.

Article 111

(1) Advising and secret ballot are performed at a session.

(2) Only the members of the Chamber and the court clerk can be present at the advising and secret ballot office and the results of the secret ballot must not be announced.

Article 112

(1) If by the Code it is not established differently, resolutions are announced orally to the interested persons if present, and by delivering certified transcript if absent.

(2) If the resolution is orally announced it will be written in the minutes or registration list and the person being given the announcement will certify it with a signature. If the interested person states that he is not going to appeal, the certified transcript of the oral announcement of the resolution will not be delivered to him, if by this Code it is not established differently.

(3) Transcripts of resolutions against which an appeal is allowed are delivered with instructions for the right to an appeal.

Chapter XII

DELIVERING WRITS AND ACCESS TO RECORDS

Article 113

(1) In general writs are delivered by post. Delivering can be conducted by the body in the community, an official of the body who has brought the decision or immediately at the body.

(2) Court summons for the trial or other summons can be orally announced to the person before the court with an instruction of the consequences of not attending. Summoning performed in this manner will be notified in the minutes and signed by the summoned person unless the summoning is not notified in the minutes of the trial. Such a performance is considered to be a valid delivery.

Article 114

The writ for which with the Code it is proscribed to be delivered in person, is delivered directly to the person to whom it is addressed. If the person to whom the writ has to be delivered in person is not on the place of the delivery, the official will be informed when and where the person can be found and the official will leave at one of the persons' residences included in Article 115 of the Code a written announcement for the person to be at his own residence or his office at a certain day and hour. If the official does not find the person to whom the delivery has to be conducted, the official will act according the provision of Article 115, paragraph 1 of the Code and this will be considered an accomplished delivery.

Article 115

(1) Writs which according to the Code are not proscribed to be delivered in person are delivered in person, but such writs, if the receiver is not found at home or at work, may be handed to some of the adults of his family who are obliged to accept the writ. If they are not found at home, the writ will be handed to the superintendent or a neighbour if they agree to it. If the delivery is conducted at the receiver's office, and he is not there, the delivery may be passed to a person authorised for receiving post, i.e. obliged to receive the writ or to a person employed at the same office, if he agrees to accept the writ.

(2) If it is certified that the person to whom the writ has to be delivered is absent and that the persons under paragraph 1 of this Article cannot give the writ to the receiver on time, the writ will be brought back with a notification where the absent is.

Article 116

(1) The court summons for the first examination in the investigation and the court summons for the trial will be delivered to the accused in person.

(2) To the accused who has not a counsel the prosecution act, prosecution proposal or private charge, verdict and other decisions will be delivered to him in person and from this delivery the period for an appeal as well as an appeal by the opposite party submitted as a reply starts its expiring. On the request of the accused the verdict and other decisions will be delivered to the person he appoints.

(3) If to the accused who has not a counsel a sentence to imprisonment has to be delivered, and the delivery cannot be accomplished to his current address, the court will appoint a counsel ex officio to the accused who will exercise his duty until the present address of the accused is found. A necessary period to be introduced with the records will be determined for the counsel after which the verdict will be delivered to the appointed counsel and the procedure will continue. If it is another decision in question from which delivery the period for an appeal or an appeal from the opposite party delivered for a reply starts, the decision i.e. appeal will be announced on the notice board of the court and with the expiring of eight days since the day of its announcement on the notice board it will be considered to be a valid delivery.

(4) If the accused has a counsel, the prosecution act, prosecution proposal, private charge and other decisions from which delivery the period for an appeal, as well as an appeal by the opposite party delivered for a reply starts, will be delivered both to the counsel and to the accused according to the provision of Article 115 of this Code. In that case the period for a judicial remedy i.e. reply to the appeal starts from the day of the last delivery in person.

If the accused cannot be delivered the decision i.e. appeal because he has not notified his changed address, the decision i.e. appeal will be announced on the notice board of the court and after eight days from the day when it was announced, the delivery will be considered to be valid.

(5) If the writ has to be delivered to the counsel of the accused and he has several counsels it will be sufficient the writ to be delivered to one of them.

Article 117

(1) A court summons to submit a charge or a prosecution act and a court summons for the trial is delivered to the private prosecutor and to the damaged as a plaintiff i.e. to the defence attorney in person (Article 114) and to the authorised representatives- according to Article 115 of the Code. The same process applies to delivering decisions for which from the day of the delivery starts the period for an appeal as well as an appeal by the opposite party delivered for a reply.

(2) If to the persons under paragraph 1 of this Article or to the damaged the delivery to their current address cannot be performed, the court will announce the court summons i.e. decision or appeal on a notice board of the court and after eight days from the day of its announcement the delivery will be considered to be valid.

(3) If the damaged, damaged as a plaintiff or the private prosecutor has a defence attorney or an authorised representative, the delivery will be performed to them, and if there are more, only to one of them.

Article 118

(1) The receipt for the accomplished delivery (the delivery receipt) is signed by the receiver and the official who delivers it. The receiver will notify the day of the receiving on the delivery receipt himself.

(2) If the receiver is illiterate or not in condition to sign it, the official will sign it, will appoint the day of its receiving and will notify why he has signed it instead of the receiver.

(3) If the receiver rejects to sign the receipt, the official will notify that in the receipt and will notify the delivery day and with it the delivery will be considered to be accomplished.

Article 119

When the receiver or an adult from his household rejects to accept the writ, the official will notify on the receipt the day, hour and reason for its rejection and he will leave the writ in his residence or office and with it the delivery is accomplished.

Article 120

(1) To army officials, guards in institutions where arrested persons are accommodated and employees in land, sea and air traffic the writ delivery is performed by their head quarters i.e. by their superior officer, and if necessary other writs can be delivered in this manner.

(2) To arrested persons the delivery is performed in the court or by the management in the institution where they are accommodated.

(3) To persons who have the right to immunity in the Republic of Macedonia, if International Treaties do not certify anything else, deliveries are performed by the Ministry of External Affairs.

(4) Deliveries to citizens of the Republic of Macedonia abroad, if the procedure proscribed in Articles 503 and 504 of this Code is not applied, are performed by the diplomatic or consular office of the Republic of Macedonia in the foreign country, under the condition that the foreign country does not resist such manner of delivery and that the person to whom the delivery is performed voluntarily agrees to accept the writ. The authorised official of the diplomatic or consular office signs the delivery receipt as a delivery official- if the writ is delivered at the very office and if the writ is delivered by post- it is certified in the delivery receipt.

Article 121

(1) Decisions and other writs are directed to the public prosecutor by a delivery to the office of the public prosecution.

(2) When decisions tied to a proscribed period are delivered, the day of their delivery is considered to be the day of the delivery of the writ at the public prosecution office.

(3) On the request of the public prosecutor the court will deliver to him the criminal record for observation. If the period for a regular judicial remedy runs or if it is in the interest of the procedure, the court may determine within which period the public prosecutor is to return the records.

Article 122

In cases not included in this Code deliveries are performed according to provisions valid for the process procedure.

Article 123

(1) Court summons and decisions which are delivered by the time when the trial is completed to persons who participate in the procedure, apart from the accused, may by handed to a participant in the procedure who agrees to hand them over to the person they are addressed to, but only if the body considers that their receiving are secured.

(2) For court summons at a trial or for other court summons, as well as for decisions for cancelling trials or other appointed acts, persons included in paragraph 1 of this Article may be informed by a telegram or telephone, if according to the circumstances it may be presumed that the announcement performed in this way will be directed to the person who has to accept it.

(3) For summoning and delivering decisions performed in manners included in paragraphs 1 and 2 of this Article, an official notification on the record will be written.

(4) To anyone who according to paragraphs 1 or 2 of this Article has been informed i.e. has been delivered a decision, negative consequences proscribed for not replying can be applied if it is certified that he has accepted the summons i.e. decision on time and that he has been instructed on the negative consequences of not replying.

Article 124

The accused has the right to an access to the records and to the objects which serve as evidence, after he has been examined.

Chapter XIII

EXECUTION OF RESOLUTIONS

Article 125

(1) The verdict becomes legally valid when it cannot be further annulled with an appeal or when an appeal is not allowed.

(2) The final legally valid verdict is executed when its delivery is completed and when for its execution there are not any lawful impediments. If an appeal is not submitted or if the parties have cancelled or withdrawn from the appeal, the verdict is executed after the period for the appeal i.e. since the day of the cancelling or withdrawing from the submitted appeal.

(3) If the court which has reached the verdict is not competent of first degree for its execution, the court competent for the conducting will deliver a certified copy of the verdict with a certification for execution.

(4) If an officer in reserve, officer or army officer is convicted with a penalty, the court will deliver a certified copy of the final legally valid verdict to the body competent for the defence.

Article 126

If the fine penalty proscribed with this Code cannot be forcefully charged, the court will charge it applying certain provisions proscribed by the Code.

Article 127

(1) The execution of the verdict with respect to criminal procedure expenses, deprivation property interest and lawful property requests is conducted by a competent court according to provisions valid for the execution procedure.

(2) The forceful charge of the criminal procedure expenses, in favour of the budget is performed ex officio. The expenses of the forceful charge are previously charged from the budget.

(3) If in the verdict there is a pronounced security measure to be deprived from the objects, the court which has pronounced the verdict will decide in first degree whether such objects will be sold according to provisions valid for the execution procedure or will be given to the state agencies, to the criminology museum or to other institutions or will be destroyed. The money gained after the sale of the objects are transferred into the budget.

(4) The provision of paragraph 3 of this Article will accordingly be applied when a decision is reached for deprivation from objects on the basis of Article 485 of this Code.

(5) The legally valid decision for deprivation from objects, apart from the case of repetition of the criminal procedure, i.e. a request for protecting of legality or request for extraordinary review of the legally valid verdict, may be altered in a dispute if the dispute for property owning of the deprived objects is initiated.

Article 128

(1) If with this Code it is not determined otherwise, the decisions are executed when they become legally valid. Orders are executed immediately if the body that has issued the order does not order differently.

(2) The lawful validity of the decision is due when it cannot be annulled with an appeal or when a special appeal is not allowed.

(3) If not stated differently, decisions and orders are executed by the bodies which have reached them. If the court has decided on the criminal procedure expenses, the charge of those expenses is performed according to provisions of Article 127, paragraphs 1 and 2 of this Code.

Article 129

(1) If there is a suspicion for the approval of the execution of the court decision or calculation of the sentence, or if in the final legally valid verdict the calculation of the detention, the detention due to trial or earlier served sentence is not decided, or the calculation is not righteously performed, the Chairman of the Chamber of the court of first degree i.e. individual judge will decide on the issue with a special decision. The appeal does not keep from execution of the decision, unless the court has decided differently.

(2) If there is a suspicion for the interpretation of the court decision, the court which has reached the final legally valid decision decides on that.

Article 130

When the decision on the lawful property request has become legally valid, the damaged may require from the court that has decided of first degree the damaged to be issued a certified copy of the decision with a notification that the decision is to be executed.

Article 131

Regulation for penal files are brought by the Minister of Justice.

Chapter XIV

MEANING OF LEGAL NOTIONS AND OTHER PROVISIONS

Article 132

(1) When the criminal prosecution depends on the proposal of the damaged, the public prosecutor cannot demand investigation nor can he bring an immediate charge i.e. prosecution proposal until the damaged submits a proposal.

(2) When by law it is proscribed that for certain criminal prosecution a previous approval from the competent state agency is necessary, the public prosecutor cannot demand investigation, nor can he initiate an immediate prosecution act, i.e. prosecution proposal if he does not submit evidence for its approval.

Article 133

(1) If the procedure is conducted due to a crime endangering traffic security, the investigating judge or the Chamber may confiscate the accused his driving licence during the procedure. Before the initiation of the criminal procedure due to a crime endangering traffic security, the competent body for inspection may confiscate the person his driving licence and keep it at the most for three days, because of justified suspicion that the person has committed the crime.

(2) The driving licence can be returned to the accused before the criminal procedure is completed if it can be justly concluded that the reasons for driving licence confiscation has ceased.

(3) An appeal which does not keep from execution of the decision against the decision reached according to paragraphs 1 and 2 of this Article is allowed.

(4) The time when the driving licence is confiscated from the person who is not detained will be calculated with a pronounced security measure- prohibition for driving a motor vehicle.

Article 134

For detention, for the prosecution act to become legally valid, i.e. for the verdict for a crime prosecuted according to a prosecution proposal, within a time period of three days the court will inform the employer who is in a working relationship with a person to whom these decisions refer.

Article 135

When during the criminal procedure it has been stated that the accused died, the criminal procedure with a decision will be stopped.

Article 136

(1) During the procedure, the court may punish with a fine penalty determined under Article 74, paragraph 1 of this Code the counsel, the defence attorney or the authorised representative, the damaged, the damaged as a plaintiff or the private prosecutor if his acts are evidently focused on cancelling the criminal procedure.

(2) The Bar will be informed of the punishment of the lawyer.

(3) If the public prosecutor does not submit proposals to the court in time or if he undertakes other acts in the procedure with an immense delay, therefore causing a procedure cancelling, the superior public prosecutor will be informed.

Article 137

(1) In reference of exclusion from the criminal procedure of persons who have a right to immunity in the Republic of Macedonia, the International Law Regulations are valid.

(2) In case there is a suspicion that it is those persons in question, the court will address for an explanation to the Ministry of External Affairs by the Ministry of Justice.

Article 138

All state agencies are obliged to provide necessary assistance for the courts and other bodies which participate in the criminal procedure, especially when the question is on revelation of crimes or detecting criminals.

Article 139

Certain notions used in this Code have the following meaning:

A  s u s p e c t  is a person against whom a pre- criminal procedure is conducted.

A n  a c c u s e d  is a person against whom an investigation is conducted or against whom it is initiated a prosecution act, a prosecution proposal or a private charge.

A  c o n v i c t e d  is a person for whom with a legally valid verdict it is stated that he is responsible for certain crime.

A  d a m a g e d  is a person whose certain private or property right is violated or endangered with a crime.

A  p r o s e c u t o r  is the public prosecutor, private prosecutor and damaged as a plaintiff.

A  p a r t y  is the prosecutor and the accused.

PART TWO

COURSE OF PROCEDURE

A. Pre-criminal procedure

Chapter XV

CRIMINAL CHARGE

Article 140

(1) The state agencies and institutions which perform public authorisation are obliged to report crimes which are prosecuted ex officio, of which they are informed or of which they learn about in a different way.

(2) When they report, the mentioned under paragraph 1 of this Article will state evidence which they are familiar with and will undertake measures to keep the traces of the crime, objects upon which or with which the crime has been committed and other evidence.

Article 141

(1) Everyone may report a crime which is prosecuted ex officio.

(2) The criminal charge is submitted to the competent public prosecutor in written form or orally.

(3) If the charge is submitted orally, the reporter will be warned about the consequences of false charges. Minutes will be completed for the oral charge, and if announced by telephone, an official note will be completed.

(4) If the report is submitted to the court, to the Ministry of Internal Affairs or to the competent public prosecutor, they will accept the report and will deliver it to the competent public prosecutor immediately.

Article 142

(1) If there is a ground for suspicion that the crime is committed which is to be prosecuted ex officio, the Ministry of Internal Affairs is obliged to take over necessary measures to find the criminal, for the criminal or the collaborator not to hide or elope, for traces of the crime and objects which may serve as evidence to be found out and obtained, as well as all announcements to be provided which may be useful for the criminal procedure to be conducted successfully.

(2) In order the tasks under paragraph 1 of this Article to be conducted, the Ministry of Internal Affairs may extract necessary information from the citizens, may conduct necessary inspection of the means of transport, passengers and luggage; during the necessary time may limit the movements to a certain area; may undertake necessary measures in reference of detecting the identity of persons and objects; may issue a pursuit for the person and objects which are being traced; in presence of responsible persons may inspect certain objects and premises of state agencies, institutions which perform public authorisations and other legal persons and may perform inspection in their documentation, and respectfully may undertake other necessary measures and acts. For facts and circumstances certified when undertaking certain acts and which may be useful for the criminal procedure, as well as for the objects found or confiscated, a minutes or official note will be completed.

(3) A person may forcefully be apprehended only with a court decision and only when he apparently avoids to respond to the correctly delivered court summons in which he is informed of the possibility of a forceful apprehension and when he does not justify why he would not attend.

(4) Of the undertaken acts under paragraph 2 of this Article the citizens may request from the court to examine the legality, and the court is obliged to certify it with a decision.

(5) With an allowance from the investigating judge i.e. Chairman of the Chamber, the Ministry of Internal Affairs may collect statements from persons who are in a pre- trial detention, if it is necessary to reveal other crimes of the same person, his collaborators or crimes of other criminals. These statements will be collected within the time determined by the investigating judge and at his presence or at the presence of the person determined by the investigating judge i.e. Chairman of the Chamber.

(6) On the basis of collected facts the Ministry of Internal Affairs completes a criminal charge notifying all evidence which it has found out. In the criminal charge, the contents of the statements which certain citizens have given during the period when the statements were collected are not included. The following is also enclosed with the criminal charge: objects, schemes, photographs, reports, records for undertaken measures and acts, official notes, statements and other material which could be useful for a successful conduct of the procedure. If after the criminal charge, the police find out new facts, evidence or traces of the crime, they are obliged to collect necessary reports and to submit the report as supplement to the criminal charge to the public prosecutor.

(7) The Ministry of Internal Affairs informs the public prosecutor even if according to the collected facts there is no ground for bringing a criminal charge.

Article 143

(1) The authorised officials of the Ministry of Internal Affairs have a right to direct the persons present at the place of the crime to the investigating judge or to keep them until he comes, if these persons could give data important for the criminal procedure or if it is likely that they cannot be examined later or if it would mean a delay or other difficulties. Keeping persons at the place of the crime cannot last longer than six hours.

(2) The Ministry of Internal Affairs may take a photograph of the person for whom there is a ground for suspicion that he has committed a crime and may take his fingerprints. When it is necessary to detect his identity or when it is in favour of a successful conduct of the procedure, with the approval of the court the Ministry of Internal Affairs may published the photograph in public.

(3) If it is necessary to be certified whose the fingerprints on certain objects are, the Ministry of Internal Affairs may take fingerprints from persons who are likely to have had the physical contact with the objects.

Article 144

(1) With the decision the public prosecutor will reject the criminal charge if from the charge it can be derived that it is not a crime prosecuted ex officio, if it is obsolete or it was pronounced amnesty or plead, if there are either circumstances excluding the prosecution or if there is not a suspicion that the charged has committed the crime. For the rejection of the charge and its reasons, the public prosecutor will inform the damaged within the period of eight days (Article 56) and if the charge is submitted by the Ministry of Internal Affairs, he will also inform it.

(2) If the public prosecutor cannot evaluate from the charge whether the contents of the charge are likely or if the data of the charge are not a sufficient ground to be decided whether investigation is to be conducted or if the public prosecutor has only heard of the committed crime, especially if the criminal is unknown, if the public prosecutor cannot take it over alone or through other bodies, he will request from the Ministry of Internal Affairs to collect necessary statements and take over other measures to reveal the crime and the criminal (Articles 142 and 143). The public prosecutor may always request from the Ministry of Internal Affairs to be informed of the undertaken measures.

(3) The public prosecutor may require necessary data from state agencies, institutions which perform public authorisations and from other legal persons, and he can also summon the person who has brought the criminal charge, the suspect and other persons whose statements he considers to be of help for evaluation of the validity of the contents in the charge.

(4) If after the undertaken acts from paragraphs 2 and 3 of this Article, some of the circumstances under paragraph 1 of this Article emerge, the public prosecutor will reject the charge.

(5) The public prosecutor and other state agencies, institutions which perform public authorisations and other legal persons, when collecting reports i.e. giving data, are obliged to act cautiously, to consider that the person's honour and authority to whom these data refer are not damaged.

Article 145

(1) The public prosecutor with the agreement of the damaged may cancel the prosecution for the crime for which a fine penalty or a sentence to three years is proscribed if the suspect has agreed to act according to instructions of the public prosecutor and to fulfil certain commitments by which the harmful consequences of the crime will be reduced or annulled. The following may be the commitments:

            1) annulment or compensation of the damage;

            2) payment of certain contribution in favour of the budget or other institution which perform public authorisation or with human purposes;

            3) fulfilment of commitments in reference of the serving.

(2) If the criminal within a period that cannot be longer than six months fulfils his commitment, the public prosecutor will reject the criminal charge against the criminal of the crime under paragraph 1 of this Article.

Article 146

The public prosecutor is not obliged to take over criminal prosecution i.e. may withdraw from the prosecution if:

            1) in the Criminal Code it is stated that the court may release the criminal from the punishment and the public prosecutor, considering actual circumstances in the case evaluates that a verdict without sanction is not necessary, and

            2) in the Criminal Code it is proscribed a fine penalty or a sentence to three years for a crime, and since the suspect's repentance prevented the damaging consequences or he has compensated the damage, the public prosecutor considering certain circumstances evaluates that the criminal sanction was not based on sound grounds.

Article 147

(1) When there is a danger of cancelling before the investigation the Ministry of Internal Affairs may conduct temporary confiscation of objects according to provisions of Article 203 of this Code and may search premises and persons under conditions proscribed in Articles 198 to 202 of this Code.

(2) If the investigating judge cannot appear on the very place, the Ministry of Internal Affairs may conduct inspection and necessary expertise itself, except for autopsy and exhumation of a body. If the investigating judge arrives on the very place during the inspection, he may take over these acts. The public prosecutor will be informed of everything which is undertaken.

Article 148

(1) When the criminal is unknown, the public prosecutor may request from the Ministry of Internal Affairs to undertake investigation, if according to the circumstances of the case, it would be better before the investigation such acts to be undertaken. If the public prosecutor considers that the investigation should be taken over by the investigating judge, or if autopsy or exhumation should be performed, the public prosecutor will suggest the investigating judge to take over those acts. If the investigating judge disagrees on the suggestion, he will ask the Chamber to decide (Article 22 paragraph 6).

(2) The minutes for the undertaken investigation are submitted to the public prosecutor.

Article 149

(1) The investigating judge of the competent court, as well as the investigating judge of the court on which region the crime was committed, before the decision for investigation, may undertake certain investigation which is endangered to be cancelled, but of whatever undertaken the public prosecutor must be informed.

(2) In reference of apprehension and examination of the person suspected of crime, provisions for apprehension and examination are applied.

Chapter XVI

INVESTIGATION

Article 150

(1) Investigation is initiated against a person when there is justified suspicion that he has committed crime.

(2) Within the investigation will be collected evidence and data necessary to be decided whether a prosecution act will be initiated or the procedure will be interrupted, evidence for which there is a danger not to be repeated at the trial or that their exhibition would be performed with difficulties, as well as other evidence which can be useful for the procedure for whose performance, considering the circumstances in the case is shown to be positive.

Article 151

(1) Investigation is conducted on the request of the public prosecutor.

(2) The request for conducting investigation is submitted to the investigating judge of the competent court.

(3) In the request the following must be noted: the person against whom investigation is requested, description of the crime from where lawful characteristics of a crime are derived, the lawful title of the crime, circumstances which point to the justified suspicion and existing evidence.

(4) In the request for investigation, it may be suggested certain circumstances to be inspected, certain acts to be initiated, on certain questions certain persons to be examined, and it also may be suggested the person against whom the investigation is requested to be detained.

(5) The public prosecutor will submit to the investigating judge the criminal charge and all records and minutes for the undertaken acts. Simultaneously the public prosecutor will submit to the investigating judge cases that may serve as evidence or the place where they are kept will be underlined.

Article 152

(1) When the investigating judge receives the request for investigation, he will review the records and if he agrees with the request, he will bring a decision for investigation which must contain data included in Article 151, paragraph 3 of this Code. The decision will be submitted to the public prosecutor and the accused.

(2) Before reaching the decision, the investigating judge will examine the person against whom there is a request for investigation unless there is a danger of cancelling.

(3) Before deciding on the request of the public prosecutor, the investigating judge may invite the public prosecutor and the person against whom investigation is requested to come to court on a specified day to explain the circumstances which may be important to be decided on the request or if for other reasons the investigating judge considers their oral explanation to be positive. The parties may give oral proposals and the public prosecutor may alter or supplement his request for investigation, and he may also suggest the procedure to be performed immediately on the basis of the prosecution act (Article 153).

(4) In respect of summoning and examination of the person against whom investigation is requested, provisions of this Code for summoning and examination of the accused will be applied. The person summoned according to paragraph 3 of this Article will be instructed by the investigating judge on the contents of Article 3 and Article 210, paragraph 2 of this Code.

(5) The accused may submit an appeal against the decision of the investigating judge for conducting investigation. If the decision is announced orally, the appeal may be stated for the minutes.

(6) The investigating judge is obliged immediately to submit the appeal to the Chamber (Article 22, paragraph 6). The appeal does not keep from execution of the decision.

(7) If the investigating judge does not agree with the request for investigation of the public prosecutor, he will ask the Chamber to decide (Article 22, paragraph 6). The accused and the public prosecutor have a right to an appeal against the decision of the Chamber, which does not keep from execution of the decision.

(8) In cases of paragraphs 6 and 7 of this Article the Chamber is obliged to reach a decision within 48 hours.

(9) During the decision on the request for investigation, the Chamber is not bound to a judicial evaluation of the crime which was pointed out by the public prosecutor.

Article 153

(1) The investigating judge may agree with the proposal of the public prosecutor the investigation not to be conducted, if the collected data referring to the crime and criminal give a sound ground to initiate the prosecution act.

(2) According to paragraph 1 of this Article, the investigating judge may agree only if previously he has examined the person against whom the prosecution act is to be initiated. In reference of the summoning and examination of that person, provisions for summoning and examination of the accused are applied. The investigating judge will submit the announcement of the agreement to the public prosecutor and to the person against whom the prosecution act is to be brought.

(3) The period for initiation of the prosecution act is eight days, but on the request of the public prosecutor the Chamber (Article 22, paragraph 6) may prolong the period.

(4) The public prosecutor may submit the proposal in paragraph 1 of this Article after the submitting of the request for investigation until the decision for the request is brought.

(5) If the investigating judge considers that the conditions for initiation of the prosecution act are not fulfilled, without investigation he will act as if a request for investigation is submitted.

(6) If for the crime a sentence to five- year imprisonment is proscribed, out of the conditions anticipated under paragraphs 1 to 5 of this Article, the public prosecutor may initiate a prosecution act without investigation if the collected data referring to the crime and criminal are a sufficient ground for accusation.

(7) Provisions of paragraphs 1 to 6 of this Article are also applied when criminal prosecution is undertaken on the request of the damaged as a plaintiff, but in that case the period under paragraph 3 of this Article cannot be prolonged.

(8) According to the proposal of paragraph 1 of this Article and according to the prosecution act initiated on the basis of paragraph 6 of this Article, the public prosecutor will submit a criminal charge and all records and minutes for the undertaken acts, as well as the objects which can serve as evidence or he will underline where they are kept.

Article 154

(1) The investigation is conducted by the investigating judge of the competent court.

(2) By law, it may be determined one court in which the investigation is to be conducted, containing regions of several courts (investigation centre).

(3) The investigating judge conducts investigation by rule only on the region of his court. If it is in the interest of the investigation, he may conduct investigation out of the region of this court, but he is obliged to inform the court on which region he conducts the investigation.

Article 155

(1) During the investigation the investigating judge may entrust the conduct of the investigation to the investigating judge of the court on whose region the investigation is to be initiated, and if for regions of several courts one court is determined for judicial assistance- in that court.

(2) The public prosecutor acting before the court entrusted with the investigation may be present at the act if the competent public prosecutor announces that he will not be present.

(3) The investigating judge may entrust the Ministry of Internal Affairs with the conduct of the order for a search of premises or persons or for temporary confiscation of objects in the manner proscribed by this Code.

(4) On the request or approval of the investigating judge, the Ministry of Internal Affairs may take photographs of the accused or his fingerprints if it is necessary for the interest of the criminal procedure.

Article 156

While undertaking investigation, the Ministry of Internal Affairs acts according to appropriate provisions for investigation of this Code.

Article 157

(1) If necessary, the investigating judge will conduct other investigating acts connected or derived from these.

(2) If the investigating judge who is entrusted with the conduct of certain investigating acts is not competent for them, he will send the case to the competent court and he will inform the investigating judge who has delivered him the case of that.

Article 158

(1) The investigation is conducted only in reference of that crime or against that accused to whom the decision on conducting investigation refers.

(2) If during the investigation it is shown that the procedure should be expanded to some other crimes or against other person, the investigating judge will inform the public prosecutor. In that case, investigating acts which cannot be further delayed may be undertaken, but the public prosecutor must be informed of everything which is undertaken.

(3) In respect of the expending of the investigation, provisions of Articles 151 and 152 of this Code are valid.

Article 159

After bringing the decision for conducting the investigation without proposals of the parties, the investigating judge takes over acts which he considers to be necessary for a successful conduct of the procedure.

Article 160

(1) The parties and the damaged during investigation may give proposals to the investigating judge that certain investigating acts should be conducted. If the investigating judge disagrees with the proposal of the parties a separate investigating act to be conducted, he will ask the Chamber to decided on that (Article 22, paragraph 6).

(2) The parties and the damaged may give their proposals under paragraph 1 of this Article to the investigating judge to whom the conduct of separate investigating acts is entrusted. If the investigating judge disagrees with the proposal, he will inform the person who proposes of that, who may again give his proposal to the investigating judge of the competent court.

Article 161

(1) The prosecutor and the counsel have a right to be present at the examination of the accused.

(2) The prosecutor, damaged, accused, and counsel have a right to be present at the inspection and at the hearing of the experts.

(3) The prosecutor and the counsel have a right to be present at the search of premises.

(4) At the hearing of the witness the prosecutor, the accused and the counsel have a right to be present when it is likely that the witness will not attend the trial, when the investigating judge finds it necessary or when one of the parties has requested to attend the hearing. The damaged may be present at the hearing of the witness only when it is probable that the witness will not attend the trial.

(5) The investigating judge is obliged in an appropriate manner to inform the prosecutor, counsel, damaged and accused of the time, place of the conduct of the investigating acts to which they cannot be present, unless there is a danger of cancelling. If the accused has a counsel, by rule the investigating judge will inform only the counsel.

(6) If the person to whom the announcement for the investigating act is addressed, is not present, the act may be conducted in his absence.

(7) Persons present at the investigating acts may propose to the investigating judge the accused, the witness or the expert to be examined in order the issues to be clarified, and if the investigating judge allows it, the persons present at the investigating acts may ask questions themselves. These persons have a right to request there notes to be included in the minutes considering the conduct of certain acts, and they may propose certain evidence to be presented.

(8) Due to the explanation of certain technical and other professional questions in connection with the evidence or during the examination of the accused or initiation of other investigating acts, the investigating judge may ask the person with a certain specialisation to give necessary explanation on those questions. If during the explanation the parties are present, they can ask from that person to give closer and more detailed explanation. In case it is necessary, the investigating judge may request explanation from an appropriate specialised institution.

(9) Provisions under paragraphs 1 to 8 of this Article are applied when the investigating act is initiated, before the decision for investigation is brought.

Article 162

(1) With a decision, the investigating judge will interrupt the investigation if the accused suffers from temporary mental disability or from other serious decease, therefore for a longer time he cannot participate in the procedure.

(2) If the residence of the accused is unknown, the investigation may be interrupted, but if the accused is a fugitive or he is unavailable to the state agencies, the investigation will be interrupted only on the proposal of the public prosecutor, if the procedure is conducted on his request.

(3) Before the interruption of the investigation, all evidence of the crime and of the criminal responsibility of the accused which are available will be collected.

(4) When the impediments causing the interruption cease to exist, the investigating judge will continue the investigation.

Article 163

The investigating judge interrupts the investigation with the decision when, during the investigation or after it, the public prosecutor states that he withdraws from the prosecution. The investigating judge will inform the damaged of the interruption of the investigation within the period of eight days.

Article 164

(1) The investigation will be interrupted by the Chamber (Article 22, paragraph 6) with a decision when it decides on whatever question during the investigation in the following cases:

            1) if the crime imposed on the accused is not a crime prosecuted ex officio;

            2) if there are circumstances excluding the criminal responsibility of the accused, and there are no conditions for application of security measures;

            3) if the criminal prosecution becomes obsolete or the crime undergoes amnesty or plead, or if there are other circumstances which exclude the prosecution, and

            4) if there is no evidence that the accused has committed crime.

(2) If the investigating judge finds that there are reasons for interruption of the investigation under paragraph 1 of this Article, he will inform the public prosecutor. If the public prosecutor within the period of eight days does not inform the investigating judge that he withdraws from the prosecution, the investigating judge will request from the Chamber to decide on the interruption of the investigation.

(3) The decision for interruption of the investigation is submitted to the public prosecutor, to the damaged and to the accused who will be immediately released if he is in a pre- trial detention. The public prosecutor and the damaged have a right to an appeal against this decision.

(4) If against the decision for interruption of the investigation appeals only the damaged and the appeal is accepted, the damaged by his appealing will be considered to have taken over the prosecution.

Article 165

(1) The investigating judge before the investigation is completed will collect data for the accused included in Article 206, paragraph 1 of this Code, if they are omitted or should be checked out as well as data for previous convictions of the accused, and if the accused is still serving a sentence or other sanction connected to his arresting- data for his behaviour during the serving of the sentence or other sanctions. If necessary, the investigating judge will obtain data for the previous life of the accused and for his living conditions, as well as for other circumstances referring to his personality. The investigating judge may determine medical examinations or psychological examinations for the accused when it is necessary the data for the personality of the accused to be completed.

(2) If a unique punishment is to be pronounced, a punishment which encompasses his previous convictions, the investigating judge will request for relevant records.

Article 166

(1) If before the completed investigation, the investigating judge finds that it is on behalf of the defence, the accused and his council to be introduced to important evidence collected during the investigation, he will inform them within certain period that they can have an access to the material and records referring to the evidence and that they may give proposals for presentation of new evidence.

(2) When the certain period expires or if the proposal for the presentation of evidence is not accepted, the investigating judge will act according to Article 167 of this Code.

Article 167

(1) The investigating judge completes the investigation when he finds that the conditions of the issues in the investigation are sufficiently explained.

(2) After the completed investigation, the investigating judge submits the records to the public prosecutor who is obliged within the period of fifteen days to give a proposal for the investigation to be completed or to initiate a prosecution act or to state that he withdraws from the prosecution. This period may be prolonged by the Chamber (Article 22, paragraph 6) on the proposal of the public prosecutor.

(3) If the investigating judge rejects the proposal of the public prosecutor for completion of the investigation, he will request from the Chamber to decide on that (Article 22, paragraph 6). If the Chamber reject the proposal of the public prosecutor, the period under paragraph 2 of this Article runs since the day when the decision of the Chamber is announced to the public prosecutor.

(4) If the public prosecutor does not act within the period proscribed in paragraphs 2 and 3 of this Article, he is obliged to inform the superior public prosecutor of his reasons.

Article 168

(1) If the investigation is not completed within the period of ninety days, the investigating judge is obliged to inform the President of the Court of the reasons why the investigation is not completed.

(2) The President of the Court will necessarily undertake measures for completion of the investigation.

Article 169

(1) The damaged as a plaintiff and the private prosecutor may submit to the investigating judge of the competent court a request for investigation i.e. a proposal to complete the investigation. During the investigation they may give the investigating judge other proposals.

(2) In reference of the initiation, conduct, interruption and ceasing of the investigation, provisions of this Code are accordingly applied which refer to the initiation and conduct of the investigation on the request of the public prosecutor.

(3) When the investigating judge finds that the investigation is completed, he will inform the damaged as a plaintiff or the private prosecutor and will instruct him that within a period of eight days he should initiate a prosecution act i.e. private charge, and if he does not do accordingly he will be considered to have withdrawn from the prosecution, therefore the procedure with a decision will cease. The investigating judge is obliged to give instruction of this kind when the Chamber (Article 22 paragraph 6) rejects the proposal of the damaged as a plaintiff or of the private prosecutor for completion of the investigation because he considers the condition of the issues to be sufficiently explained.

Article 170

If the investigating judge needs assistance from the police (criminological, technical and similar) or from other state agencies in connection with the conduct of the investigation, they are obliged to assist him on his request. The investigating judge may request assistance from legal persons, if it is necessary for the completion of the investigation which does not allow any cancelling.

Article 171

If it is on behalf of the interest of the criminal procedure, of concealing secrets, of the public order and ethical reasons, the official who initiates the investigation will order the persons who are heard or present at the investigation or have an access to the records of the investigation to conceal as secrets certain facts or data which they have learnt and will inform them that revealing secrets is crime. This order will be included in the minutes for the investigation i.e. will be noted on the records with a signature by the person who has been instructed.

Article 172

When the Chamber decides during the investigation, it may require necessary explanations from the investigating judge and parties and it may invite both parties to state their opinions orally at the session of the Chamber.

Article 173

(1) The investigating judge may issue a fine penalty under Article 74 paragraph 1 of this Code to any one who during the investigating act and after the warning disturbs the order. If the participation of that person is not necessary, he may be removed from the place of the act.

(2) The accused cannot be punished with a fine penalty.

(3) If the public prosecutor disturbs the order, the investigating judge will act according to the provision of Article 287 paragraph 5 of this Code.

Article 174

(1) The parties and the damaged may always address with an appeal to the President of the Court before whom is conducted a procedure due to prolonging the procedure and due to other anomalies during the investigation.

(2) The President of the Court will inspect the contents of the appeal and will inform the applicant of what is undertaken.

Chapter XVII

MEASURES FOR SECURING PRESENCE OF THE ACCUSED AND FOR SUCCESSFUL PERFORMANCE OF THE CRIMINAL PROCEDURE

1. Mutual provision

Article 175

(1) The possible measures against the accused for securing his presence and for successful performance of the criminal procedure are: court summons, apprehension, promise by the accused that he will not leave his residence, guarantee and pre- trial detention.

(2) When deciding which measure to be undertaken, the competent body will hold to the determined conditions to apply certain measures, keeping in consideration more severe measure not to be applied, if the same aim can be achieved with a more mitigated measure.

(3) These measures will be revoked ex officio when the reasons for their provoking cease i.e. they will be altered with a more mitigated measure when there are conditions for it.

2. Court summons

Article 176

(1) The presence of the accused during the conducting of the acts in the criminal procedure is secured by his summoning. The court summons is addressed to the accused by the court.

(2) The summoning is performed by a delivery of a closed court summons in a written form which contains: the name of the court which summons, the name of the accused, the title of the crime he is imposed on, the place where the accused is to come, the day and hour when he is to come, a notion that he is summoned as an accused, a warning that if he does not come he will be forcefully apprehended, an official seal and a signature by the judge who summons.

(3) When the accused is summoned for the first time, he will be instructed in the court summons on his right to have a counsel and that the counsel may be present at his examination.

(4) The accused is obliged to inform the court immediately of his new address, as well as of his intention to change his residence. The accused will be informed of this at his first examination i.e. at the delivery of the prosecution act without investigation (Article 153 paragraph 6), prosecution proposal or private charge and he will be also warned of the consequences determined by this Code.

(5) If the accused is not in a condition to respond to the court summons, due to an illness or some other indisputable impediment, he will be examined at the place where he is or his transport will be provided to the court premises or to another place where the act is undertaken.

3. Apprehension (Bringing to court)

Article 177

(1) An order the accused to be apprehended may be issued by the court if a decision is brought for a pre- trial detention or if the summoned does not come although he has been correctly summoned and he does not explain his absence or if the delivery of the court summons could not have been completed and according to the circumstances it can be concluded that the accused avoids the receiving of the court summons.

(2) The order for apprehension is carried out by the Ministry of Internal Affairs.

(3) The order for apprehension is issued in writing. The order has to contain: the name of the accused who is to be apprehended, the title of the imposed crime with the notification of the provision of the Criminal Code, the reasons for ordering apprehension, an official seal and signature of the judge who is ordering the apprehension.

(4) The person entrusted with the order hands in the order to the accused and asks him to follow him. If the accused refuses it, he will apprehend him forcefully.

(5) Against army officials, police officials or security officials of an institution for persons deprived from their freedom, an order for apprehension will not be issued but from their headquarters i.e. institution it will be demanded the person to be apprehended.

4. Promise by the accused not to leave his residence

Article 178

(1) If it is suspected that during the procedure the accused might hide or elope to an unknown place or abroad, the court may require from the accused a promise containing an obligation that he is not going to hide i.e. that without an approval of the court he is not going to leave his residence. The given promise is inserted in the minutes.

(2) The passport of the accused may be temporarily confiscated from him or its issue may be prohibited. The appeal against the decision for confiscation of the passport or prohibition of its issue does not keep from execution of the decision.

(3) When the accused gives his promise he will be warned that if he disrespects his obligation he may be pre- trial detained.

5. Guarantee

Article 179

If the accused who is to be detained or has already been detained is suspected that because of his fear he might escape, may be allowed his freedom i.e. may be let free if he personally or another person guarantees that he is not going to escape until the end of the criminal procedure, and the accused promises himself not to hide or without an approval not to leave his residence.

Article 180

(1) The amount of the guarantee is always determined according to the severity of the crime, personal and family circumstances of the accused and the property condition of the person who guarantees.

(2) The guarantee consists of depositing cash, cheques, values and other movable objects of considerable value, which can easily be exchanged in money and kept, or of mortgaging real estate at the amount of the guarantee by the person who guarantees or of personal obligation by one or several citizens that in case the accused elopes they will pay the determined amount of guarantee.

(3) If the accused elopes, the amount determined as guarantee with a decision will be contributed to the budget.

Article 181

(1) The accused will be detained despite the guarantee if he does not attend, although summoned and does not explain his absence, if he prepares for escape or if, when at loose, another lawful ground for detention emerges against him.

(2) In case of paragraph 1 of this Article the guarantee is withdrawn. The deposited cash, cheques, values or other movable objects are returned and the mortgage is withdrawn. It will be acted in the same manner when the criminal procedure is completed in a legally valid manner with a decision for an interruption of the procedure or with a verdict.

(3) If with the verdict, a sentence of imprisonment is pronounced, the guarantee is withdrawn when the convicted starts serving his sentence.

Article 182

(1) The investigating judge reaches a decision for guarantee during investigation. After the initiated prosecution act, a decision for guarantee is brought by the Chamber.

(2) The decision which sets the guarantee and the decision which withdraws the guarantee is brought after the hearing of the public prosecutor if the procedure is conducted on his request.

6. Detention

Article 183

(1) Pre- trial detention may be determined only under conditions anticipated by this Code.

(2) The duration of the pre- trial detention must be set to the shortest necessary time. It is a duty of all agencies participating in the criminal procedure and agencies which contribute with judicial assistance to act in most urgent manner if the accused is pre- trial detained.

(3) During the procedure the pre- trial detention will be withdrawn as soon as the reasons on which basis it was determined cease to exist.

Article 184

(1) If there is a grounded suspicion that a person has committed crime, a pre- trial detention for the person may be determined:

            1) if he hides, if his identity cannot be detected or if there are other circumstances emphasising danger of escape;

            2) if there is justified fear that he will destroy the traces of the crime or if certain circumstances point out that he will inflict the investigation influencing the witnesses collaborators or conceivers;

            3) if certain circumstances justify the fear that he will commit crime again, or he will complete the attempted crime or will commit crime with which he threatens.

(2) In case of item 1, paragraph 1 of this Article the pre- trial detention determined due to the failure of detecting the identity of the person, lasts until his identity is revealed. In case of item 2, paragraph 1 of this Article the pre- trial detention will be interrupted as soon as the evidence for the pre- trial detention are determined.

Article 185

(1) The pre- trial detention is determined by the investigating judge of the competent court.

(2) The pre- trial detention is determined with a written decision which contains: the name of the person deprived from his freedom, the crime for which he is accused of, the legal ground for pre- trial detention, instruction of his right to an appeal and a brief explanation with a special elaboration on the grounds on which the pre- trial detention is determined, an official seal and a signature by the judge who has determined the pre- trial detention.

(3) If the accused does not chose himself a counsel, with a decision he will be assigned a counsel ex officio (Article 66, paragraphs 2 and 5). In case the President of the Court is impeded, the investigating judge will assign a counsel.

(4) The decision for pre- trial detention is delivered to the person to whom it refers at the moment of his depriving from freedom, and at the most within 24 hours from the hour of his arrest. For the record it must be notified the hour of the arrest and the hour of the delivery of the decision.

(5) Against the decision for pre- trial detention, the detained may appeal to the Chamber (Article 22, paragraph 6) within 24 hours from the time of delivery of the decision. If the detained is examined for the first time after the expiring of this period, he may appeal at the examination. The appeal with a copy from the minutes for examination, if the detained has been examined, and the decision for the pre- trial detention, are submitted to the Chamber immediately. The appeal does not keep from execution of the decision.

(6) In cases of paragraph 5 of this Article, the Chamber which decides on the appeal is obliged to reach the decision within 48 hours.

The public prosecutor and the counsel may ask to be informed of the session of the Chamber and at the session orally to elaborate and explain their proposals; if they do not attend the session, does not keep from holding the session.

Article 186

(1) The investigating judge is obliged to the person deprived from his freedom who was apprehended, immediately to instruct him that he may have a counsel who may attend his examination and if necessary- to help him find a counsel. If within 24 hours from the time of the instruction, the arrested person does not provide a counsel to be present, the investigating judge is obliged to examine the person immediately.

(2) If the arrested chooses not to have a counsel, the investigating judge is obliged to examine him without any delay.

(3) In case of a compulsory defence (Article 66, paragraphs 1 and 2), the arrested does not have a counsel within 24 hours from the time when he was instructed on that right or if he states that he chooses not to have a counsel, a counsel will be appointed ex officio.

(4) The investigating judge will decide whether the arrested person will be released immediately after the examination. If he considers that the arrested should be kept, the investigating judge will immediately inform the public prosecutor, if the public prosecutor has not already submitted a request for investigation. If the public prosecutor within 24 hours from the time when he was informed of the pre- trial detention does not request investigation, the investigating judge will release the arrested.

Article 187

(1) A pre- trial detention may be determined by the investigating judge of a court on whose region the crime was committed, when he was entrusted to conduct certain investigating acts or in cases under Article 149, paragraph 1 of this Code. In respect of determination of pre- trial detention, provisions of Article 185, paragraphs 2 to 5 of this Code are applied, with the difference that the decision under paragraph 5 of this Article on the appeal is brought by the competent court.

(2) Immediately after the examination of the arrested, the investigating judge will decide whether to release him or whether he will order the arrested to be brought before the investigating judge of the competent court. In reference of the examination of the arrested, provisions of Article 186, paragraphs 1 to 3 of this Code are applied.

(3) The investigating judge of a court on whose region the crime was committed may keep the detained for three days at the most, counting from the day of his apprehension and if it is necessary to undertake urgent investigating acts in connection of Article 149, paragraph 1 of this Code. After the decision for investigation, the pre- trial detention may last longer than three days, if within that period the investigating judge receives a request from the investigating judge of the competent court to undertake certain investigating acts. After the investigation is conducted, the detained must be brought before the competent court, if the investigating judge of that court does not determine anything different.

Article 188

(1) The person caught committing a crime prosecuted ex officio may be deprived from his freedom by anyone. The person deprived from his freedom must immediately be brought before the investigating judge or the Ministry of Internal Affairs, and if it cannot be done, one of the agencies must immediately be informed. The Ministry of Internal Affairs will act according to the provisions of this Article.

(2) The authorised officials of the Ministry of Internal Affairs, without a decision by the court, may arrest the person suspected of a crime prosecuted ex officio if there is a danger of cancelling and there are some of the reasons for pre- trial detention under Article 184, paragraph 1 of this Code, but are obliged to bring him immediately before the competent investigating judge. At the apprehension, the authorised official of the Ministry of Internal Affairs will inform the investigating judge of the reasons and of the time of the arrest. If not completed in writing, the investigating judge will include the information in the minutes.

(3) The authorised officials of the Ministry of Internal Affairs may with exception detain the person under paragraphs 1 and 2 of this Article, if the detaining is necessary for the certification of the sameness, checking alibis or if for other reasons it is necessary certain data for the procedure against a person to be collected, and if there are other reasons for pre- trial detention under Article 184, paragraph 1, items 1 and 3 of this Code and in case of Article 184, paragraph 1, item 2 only if there is a justified fear that the person will destroy the traces of the crime.

(4) The person deprived from his freedom must be instructed according to the provision of Article 3 of this Code.

(5) In case of detention according to paragraph 3 of this Article if the person deprived from freedom requires assistance of a counsel, the authorised official of the Ministry of Internal Affairs will cancel the conduct of these acts until the counsel arrives, but not longer than two hours from the time when the detained was given the opportunity to inform his counsel.

(6) The detention under paragraph 3 of this Article may last at most for 24 hours. After the expiring of this period, the authorised official of the Ministry of Internal Affairs is obliged to release the detained or to proceed according to paragraph 2 of this Article.

Article 189

(1) The pre- trial detention may last not more than 90 days on the decision of the court since the day of the detention.

(2) On the basis of the decision of the investigating judge, the accused can be detained for 30 days at the most since the day of his arrest. After that period the accused can be further detained only on the basis of a decision for prolonging of the pre- trial detention.

(3) On the decision of the Chamber (Article 22, paragraph 6), the pre- trial detention may be prolonged for at most 60 days. An appeal, which does not keep from execution of the decision is allowed against the decision of the Chamber.

Article 190

During the investigation the investigating judge may revoke the pre- trial detention with an agreement of the public prosecutor, when the procedure is conducted on his request, unless the pre- trial detention is withdrawn due to the expiring of the period for the duration of the pre- trial detention. If the investigating judge and the public prosecutor disagree, the investigating judge will require the Chamber to decide, who is obliged to reach a decision within 48 hours.

Article 191

(1) After the delivery of the prosecution act to the court until the trial is completed, the pre- trial detention may be determined or withdrawn only by the decision of the Chamber until the expiring of the period under Article 189, paragraph 1 after the hearing of the public prosecutor when the procedure is conducted on his request.

(2) The Chamber is obliged, after the expiry of 30 days of the legally valid final decision for pre- trial detention and without proposals of the parties, to examine whether there are still reasons for pre- trial detention and to bring a decision to prolong or withdraw the pre- trial detention.

(3) The appeal against the decision of paragraphs 1 and 2 of this Article does not keep from execution of the decision.

(4) A special appeal is not allowed against the decision of the Chamber which rejects the proposal for determination or withdraw from the pre- trial detention.

Article 192

Within 24 hours the court is obliged to inform the family of the detained for the detention, unless the person resists it. A competent agency for social issues will be informed of the pre- trial detention if it is necessary measures to be undertaken for providing for his children or other members of his family for whom the detained provides.

7. Procedure with the detained

Article 193

(1) During the detention, the personality and dignity of the accused must not be offended.

(2) Against the detained must be applied only the limitations necessary to avoid escape and an agreement which could be harmful for a successful performance of the procedure.

(3) Persons of opposite sex cannot be locked in the same room. It is determined with a regulation that persons who have participated in the same crime or persons which are serving sentence cannot be put in to the same room with detained persons. If it is possible, persons which committed crimes again will not be put into the same room with arrested persons on whom they might have bad influence.

(4) The detained has a right to request to be detained in an individual room.

Article 194

(1) The detained persons have a right to an eight- hour continuous rest within 24 hours. Apart from that, they will be allowed to walk in an open area within the prison for at least two hours a day.

(2) The detained have a right to be fed on their own expense, to wear their own clothes and to use their own bed linen, at their expense to provide books, newspapers, magazines and other things appropriate to their habits and needs, unless it is harmful for the successful conduct of the procedure. The body which conducts the investigation decides on that.

(3) The detained may be used to cater for the maintenance of the hygiene of the room where he is settled. If the detained requests from the investigating judge i.e. Chairman of the Council, with the agreement of the management of the prison, it may be allowed for the detained to work within the prison on chores which suit his psychical and physical abilities, under the condition that it would not be harmful for the conduct of the procedure.

Article 195

(1) On the approval of the investigating judge who conducts the investigation and under his supervision or under the supervision of the person assigned by him, within the limits of the order in the institution, the detained may be visited by his close relatives, and on his request- physician and other persons. Certain visits may be forbidden if they might badly influence the conducting of the procedure.

(2) The high officials of the diplomatic and consular agencies in the Republic of Macedonia, on the approval of the investigating judge conducting the investigation have a right to visit and to talk to the detained citizen of their country without supervision. The approval for the visit will be requested by the Ministry of Justice.

(3) The detained may correspond to persons out of the prison with the knowledge and under supervision of the body conducting the investigation. This body may forbid sending and receiving letters and other parcels which are harmful for the conduct of the procedure. Sending applications, pleads and appeals can never be forbidden.

(4) After the prosecution act is brought until the verdict becomes legally valid, the authorisations under paragraphs 1 and 2 of this Article are performed by the Chairman of the Chamber.

Article 196

(1) Against disciplinary offences of the detained, the investigating judge i.e. the Chairman of the Chamber may pronounce disciplinary punishment- the detained to be limited his visits. This limitation does not refer to the communication between the detained and the counsel.

(2) Against the decision for the punishment pronounced under paragraph 1 of this Article, an appeal is allowed to the Chamber (Article 22, paragraph 6) of the court competent for conducting the investigation if it is submitted within 24 hours from the reception of the decision. The appeal does not keep from execution of the decision.

Article 197

(1) Supervision over the detained is performed by the President of the competent court of first degree.

(2) The President of the court under paragraph 1 of this Article or the judge appointed by him is obliged to visit the detained at least once a week and if necessary to be informed, without the presence of the supervisor and the guards how detained are fed, how they are provided with other necessities and how they are treated. The President i.e. the appointed judge is obliged to undertake necessary measures for the anomalies noticed during the visit of the prison to be excluded. The appointed judge cannot be the investigating judge.

(3) During the visits under paragraph 2 of this Article, the public prosecutor may be present.

(4) The President of the court and the investigating judge at any time may visit the detained, talk to them and receive complaints from them.

Chapter XVIII

INVESTIGATING ACTS

1. Search of residence and person

Article 198

(1) Search of residence and other premises of the accused or of other persons may be initiated if it is likely that with the search the accused will be caught or traces of the crime or objects significant for the criminal procedure will be found.

(2) Search of persons may be undertaken when it is likely that traces or objects important for the criminal procedure will be found.

Article 199

(1) The search is ordered by the court with a written elaborated order which explicitly contains the place and the person to be searched as well as the objects which are searched for or confiscated from the person.

(2) The search warrant is shown before the search to the person whose home or himself will be searched. Before the search, the person to whom the search warrant refers will be asked voluntarily to turn in the person i.e. give away objects which are searched for.

(3) If an armed resistance is presumed or it is suspected that a severe crime is conducted by a group or organisation or if the search is to be performed in public premises, the search may be performed suddenly or it could be performed without previous showing of the search warrant or without a previous request for turning over of the person or giving away the objects.

(4) The search is performed during the day. It may continue at night if it has started at daylight but has not been completed. With exception, the search may be conducted at night if there is a danger of cancelling.

Article 200

(1) The householder or the holder of other premises will be summoned to be present at the search, and if he is absent his authorised representative will be summoned or some of his adult members of the family or neighbours.

(2) Locked premises, furniture and other objects will be opened forcefully only if their holder i.e. owner is absent or does not agree to open them voluntarily. While opening, unnecessary damage will be avoided.

(3) During the search of premises or persons two adult citizens will be present as witnesses. The search of a female is performed only by a female officer, and the witnesses are also female. Before the beginning of the search the witnesses will be warned to pay attention to the performance of the search and they will be also reminded of their right, before signing the minutes for the search to write in their objections if they consider that the contents of the minutes is incorrect.

(4) The search may be performed without the presence of witnesses if their presence is not possible immediately to be provided and there is a danger of cancelling. The reasons for a search without the presence of witnesses must be written in the minutes.

(5) When the search is conducted in the premises of state agencies, institutions which perform authorisations or legal persons, their chiefs will be called to be present during the search.

(6) Searches and inspections of army buildings will be performed on the approval of the competent army non- commissioned officer.

(7) The search of premises and persons is to be performed carefully without disturbing the order of the residence.

(8) During the performance of the search only those objects and identity cards i.e. documents will be temporarily confiscated which are in connection with the aim of the search in that particular case.

(9) If during the search of premises and persons objects are found which have no connection with the crime for which the search is intended but which point to another crime which is to be prosecuted ex officio, the object will be confiscated and a receipt for the confiscation will be immediately issued. The public prosecutor will be immediately informed in order a criminal procedure to be initiated. These objects will be immediately returned if the public prosecutor finds that there are no grounds for initiation of a criminal procedure and there is no other lawful ground according to which those objects should be confiscated.

Article 201

(1) For each search of residences or persons a minutes will be constructed. The minutes is signed by the official conducting the search, the person at whose place or on whom the search is conducted and the persons whose presence is compulsory.

(2) In the minutes there will be included and notified correctly the objects and documents which have been confiscated.

Article 202

(1) The authorised officials of the Ministry of Internal Affairs may without a search warrant enter a residence or other premises if the person who, according to the court order is to be detained or forcefully apprehended is there.

(2) The authorised officials of the police may without a search warrant and without the presence of witnesses perform a search of a person while conducting the court order for apprehension or if while arresting him it is suspected that the person possesses guns or tools for attack or if it is suspected that he will throw away, hide or destroy the objects which are to be confiscated from him as evidence in the criminal procedure.

2. Temporary confiscation of objects

Article 203

(1) Objects which according to the Criminal Code are to be confiscated or may serve as evidence in the criminal procedure will be confiscated temporarily and entrusted to the court to guard or in another manner their guarding will be secured.

(2) The person who holds such objects is obliged to give them to the court on its request. The person who refuses to give away the objects may be punished with a fine penalty encompassed within Article 74, paragraph 1 of this Code and in case of further resistance he may be detained. The detention lasts until the objects are given away or until the criminal procedure is completed and it may last for at most 30 days. It will be proceeded in the same manner with the official or the responsible person of a state agency, institution which perform authorisations or other legal persons.

(3) For an appeal against the decision according to which a fine penalty or detention is pronounced, the Chamber decides (Article 22, paragraph 6). The appeal against the decision for detention does not keep from execution of the decision.

(4) The authorised officials of the Ministry of Internal Affairs may confiscate the objets listed in paragraph 1 of this Article when they act according to Articles 142 and 147 of this Code or when they execute a court order.

(5) At the confiscation of the objects the locality where they are found will be notified and they will be described and if necessary the certifying of their identity will be secured in another way. A receipt will be issued about the confiscated objects.

Article 204

(1) The state agencies may disallow showing or issuing records or other documents if they consider that the issuing of their contents would be harmful for the interests of the state. If the showing or issuing records or other documents is not allowed, the Chamber reaches the final decision (Article 22, paragraph 6).

(2) Legal persons may request the data which refer to their work not to be issued.

Article 205

(1) If it is performed a temporary confiscation of records which may serve as evidence they will be registered. If it is not possible, the records will be wrapped in a case and will be sealed. The owner of the records may put his seal on the case.

(2) The person to whom the confiscated records belong will be invited to attend the opening of the case. If he does not reply the invitation or is absent the case will be opened, the records will be checked and signed in his absence.

(3) During the checking of the records it must be secured that unauthorised persons would not have an access to their contents.

Article 206

(1) The investigating judge may give an order to the legal persons in the field of post, telegraph and other traffic, with the receipt for the received to keep and to give to the investigating judge the letters, telegrams and other parcels addressed to the accused or which he addresses if there are circumstances according to which it could be expected that these parcels may serve as evidence in the procedure.

(2) The letters and other parcels are opened by the investigating judge in presence of two witnesses. While opening it will be considered the seals not to be damaged and the case and address will be kept. A minutes will be constructed for the opening.

(3) If the interest of the procedure allows, the contents of the parcel may be announced fully or partially to the accused i.e. the person to whom it is addressed and it may be handed over to him. If the accused is absent the parcel will be announced or given to some of his relatives and if not, it will be handed to the expediter if that does not inflict the interests of the procedure.

Article 207

The objects which during the procedure are temporarily confiscated will be returned to the owner i.e. holder if the procedure ceases and there are no reasons for their confiscation (Article 485).

3. Processing with suspicious objects

Article 208

(1) If a strange object is found with the accused, and the person who owns it is not known, the body conducting the procedure will describe the object and the description will be announced on the board at the body of that municipality in which region the accused lives or the crime was committed. In the announcement, the owner of the object will be invited to reply within one year from the day of the announcement and if not, the object will be sold. The money from the sale of the object are contributed to the budget.

(2) If they are objets of considerable value the announcement may be performed in the daily newspapers.

(3) If the object is liable to damaging or its keeping is connected with significant expenses, it will be sold according to provisions valid for the executing procedure and the money will be kept as a court deposit.

(4) According to the provision of paragraph 3 of this Article it will be proceeded in the same manner when the object belongs to an escaped person or to an unknown criminal.

Article 209

(1) If within a year no one replies for the object or for the money gained from the sold object, a decision will be brought the object to become a state property i.e. the money to be contributed to the budget.

(2) The owner of the object has a right through a dispute to request for the return of the object or of the money gained with the sale of the object. The obsolescence of this right runs since the day of the announcement.

4. Examination of the accused

Article 210

(1) When the accused is questioned for the first time, he will be asked for his name, nickname if he has so, names of his parents, maiden name of his mother, his address, his date of birth, his nationality and citizenship, his occupation, his family status, if he is literate, which schools he finished, if he has and where and when he served the army, i.e. if he has a rank a reserve junior officer, officer or army officer, if he is registered in the army register and in which competent body of defence, if he was decorated, what is his property condition, if he has been where and why he was convicted, if he has or when he served the verdict, if there is a procedure for another crime against him, and if he is a minor who his legal representative is. The accused will be instructed that he is obliged to answer the summons and to announce each alternation of his address or intention to alter his residence immediately and he will be warned of the consequences if he does not act so.

(2) Afterwards the accused will be informed of his accusation and for the grounds of suspicion against him and he will be asked what he has to state in his defence and he will be informed that he is not obliged to speak for his defence nor answer the questions.

(3) The accused is examined orally. During the examination the accused may be allowed to use his own notes.

(4) During the examination the accused is to be allowed to continue his elaboration in order to clarify all circumstances which are impose on him and to state all facts which serve on behalf of his defence.

(5) When the accused has finished his statement, if necessary he will be asked questions in order the gaps to be supplemented and the oppositions or any unclearness in his statement to be eliminated.

(6) The examination must be conducted in the manner that the personality of the accused is fully respected.

(7) Against the accused must not be used force, threats or other similar means (Article 251, paragraph 2) in order to exto