PART TWO CRIMINAL PROCEEDINGS
CHAPTER IX INITIATION OF INVESTIGATIONS AND CRIMINAL PROCEEDINGS
SUB–CHAPTER II INITIAL STEPS BY THE POLICE
Article 71
Authorization of Police
4.10. to interview witnesses or possible suspects in accordance with Article 74 of this
Code
PART TWO CRIMINAL PROCEEDINGS
CHAPTER IX INITIATION OF INVESTIGATIONS AND CRIMINAL PROCEEDINGS
SUB–CHAPTER II INITIAL STEPS BY THE POLICE
Article 73
Police Right to Briefly Detain
The police have the right to detain and gather information from persons found at the scene of
the criminal offense who may provide information important for the criminal proceedings if it is
likely that the gathering of information from these persons at a later time and date would be
impossible or would significantly delay the proceedings or cause other difficulties. The detention
of such persons shall last no longer than necessary for names, addresses and other relevant
information to be gathered, and in any case it shall not exceed six (6) hours. Such detention
should only be used when no other means are available to gather the information. The police
shall treat the person being briefly detained with dignity and shall not briefly detain the person
in a detention center or with handcuffs
PART TWO CRIMINAL PROCEEDINGS
CHAPTER IX INITIATION OF INVESTIGATIONS AND CRIMINAL PROCEEDINGS
SUB–CHAPTER II INITIAL STEPS BY THE POLICE
Article 74
Interviews by Police
1. The police have the right to interview persons who may be witnesses to a criminal offense
and to create a Police Report of the interview. The Report shall contain the exact questions and
answers during the interview, shall identify the police officer interviewing the witness, the time,
date and location of the interview, and shall identify the witness.
2. The police have the right to interview persons who may be suspects of committing a criminal
offense but shall first inform the suspect on the offenses that he is suspected of having committed
and of their rights under Article 122, paragraph 3. of this Code. The police shall prepare a Police
Report of the interview. The Report shall contain the exact questions and answers during the
interview, shall identify the police officer interviewing the suspect, the time, date and location of
the interview, and shall identify the suspect.
3. During an interview under paragraph 2. of this Article, the suspect has the right to interpretation
or translation of relevant documents without payment. When possible, the police shall audio or
video record the interviews under this Article .
4.The police shall audio or audio and video record the interview under this Article.
Article 75
Prohibitions in Police Questioning
Article 251 of the Code shall apply to gathering information from persons under Articles 73-74
of this Code.
1. States Parties shall, in accordance with the provisions of this Part and under procedures of national law, comply with requests by the Court to provide the following assistance in relation to investigations or prosecutions:
(c) The questioning of any person being investigated or prosecuted;