Article 85

When a defendant is being interrogated for the first time, he will be asked to state his first name and surname, his personal ID number, or the number of a personal document, nickname, the first names and surnames of his parents, his mother’s maiden name, his place of birth, his residence, date of birth, citizenship, occupation, family circumstances, literacy status, professional qualifications, his and his family's financial standing, whether he was ever convicted of any offence, when and which offence, whether he served any sanction pronounced against him, and whether proceedings are being conducted against him in connection with another criminal offence.

Article 289

When the police collect information from a person for whom there exist grounds for suspicion that he is the perpetrator of a criminal offence, or undertake towards that person actions in the pre-investigation proceedings stipulated by his Code, they may summon him only in the capacity of a suspect. The suspect will be advised in the summons that he is entitled to obtain a defence counsel.

If during collection of information the police find that the citizen summoned may be deemed a suspect, they are required to advise him immediately of the rights referred to in Article 68 paragraph 1 items 1) and 2) of this Code and of the right to obtain a defence counsel who will attend his questioning.

The police will notify the competent public prosecutor without delay about acting within the meaning of the provisions of paragraphs 1 and 2 of this Article. The public prosecutor may conduct the suspect’s questioning, attend the questioning or assign the questioning to the police.

If the suspect agrees to make a statement, the authority conducting the questioning will act in accordance with the provisions of this Code relating to the questioning of a defendant provided that the consent of the suspect to be questioned and his statement during the questioning are given in the presence of his defence counsel. The transcript of this questioning is not excluded from the files and may be used as evidence in criminal proceedings.

If the public prosecutor is not present at the questioning of a suspect, the police will deliver to him without delay the transcript of the questioning.

Holding Persons at a Crime Scene