PART ONE GENERAL PROVISIONS
CHAPTER I FUNDAMENTAL PRINCIPLES AND DEFINITIONS
Article 12
Legality of Deprivation of Liberty and Expedited Proceedings
1. No one shall be deprived or restricted of his liberty, save in such cases and in accordance
with such proceedings as are prescribed by the law.
2. Any person deprived of his liberty by arrest or detention shall be entitled under the procedures
provided by this Code to challenge the lawfulness of his arrest or detention which shall be
decided speedily by a court and order his release if the detention is not lawful.

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 X DEPRIVATION OF LIBERTY PRIOR TO INDICTMENT AND MEASURES TO ENSURE PRESENCE OF THE DEFENDANT
SUB – CHAPTER II DEPRIVATION OF LIBERTY PRIOR TO INDICTMENT
Article 160
Provisional Arrest and Police Detention
If a person is caught in the act of committing a criminal offense prosecuted ex officio or is being
pursued, the police or any other person shall be authorized to arrest him provisionally even
without a court order. The person deprived of his liberty by persons other than the police shall
be immediately turned over to the police or, where that proves impossible, the police or the state
prosecutor must be immediately notified. The police shall act in accordance with Articles 161
and 162 of this Code.
Article 161
Limits on Provisional Arrest and Police Detention
1.The police shall not deprive a person of liberty unless:
1.1. an arrest is authorized under Article 160 of this Code;
1.2. there is a court order to arrest a person;
1.3. there is a valid arrest order received through INTERPOL or other diplomatic channels;
1.4. an arrest is authorized under Article 162 of this Code;
1.5. the deprivation of liberty is brief and complies with Article 73 of this Code.
2. Any person whose liberty has been deprived through arrest under this Article shall be brought
without delay to a pretrial judge to rule on detention on remand. The delay shall not exceed
forty-eight (48) hours.
Article 162
Arrest and Detention During Investigative Stage
1. When a state prosecutor has authorized an arrest, the police shall only arrest and detain a
person when:
1.1. there is a grounded suspicion that he has committed a criminal offense which is
prosecuted ex officio; and
1.2. there are articulable grounds to believe that:
1.2.1. there is a risk of flight,
1.2.2. that he will destroy, hide, change or forge evidence of a criminal offense or
specific circumstances indicate that he will obstruct the progress of the criminal
proceedings by influencing witnesses, injured parties or accomplices; or
1.2.3. the seriousness of the criminal offense, or the manner or circumstances
in which it was committed and his personal characteristics, past conduct, the
environment and conditions in which he lives or other personal circumstances
indicate a risk that he will repeat the criminal offense, complete an attempted
criminal offense or commit a criminal offense which he has threatened to commit.
2. The arrest and detention under this Article shall be authorized by the state prosecutor who
initiated the investigative stage or, when due to exigent circumstances such authorization cannot
be obtained prior to arrest, by the police who must inform the state prosecutor immediately after
the arrest.
3. A person arrested under this Article has the rights of a defendant.
4. Upon arrest, the arrested person shall be informed:
4.1. orally of the rights set forth in Article 166 of this Code; and
4.2. in writing of all the rights set forth in Article 165 of this Code and all the other rights
which he enjoys under this Code in a language that he understands.
5. As soon as possible after the arrest and no later than six (6) hours from the time of the
arrest, the state prosecutor shall issue to the arrested person a written decision on detention
which shall include the first and last name of the arrested person if known, or if not known, any
information to adequately identify the arrested person, the place, date, and exact time of the
arrest, the criminal offense of which he is suspected, and the legal basis for the arrest. Against
the decision on detention issued by the state prosecutor, the arrested person or his defense
counsel may file an appeal within six (6) hours from the receipt of the decision. The pretrial
judge shall rule on the appeal within twelve (12) hours from the receipt of the appeal.
6. Within thirty-six (36) hours of the arrest, the state prosecutor shall file with the pretrial judge
a request for detention on remand.
7. The request for detention on remand shall comply with Article 163 of this Code.
8. As soon as possible, but no later than within forty-eight (48) hours of arrest, the pretrial judge
shall hold a hearing to determine whether the defendant shall be held in detention on remand.
Pending the decision of the court, the defendant may be detained.
9. The arrested person shall be released if he is not brought before the court within forty-eight
(48) hours from the time of arrest.
10. The defendant shall be represented by defense counsel at the hearing on the request for
detention on remand. The defense counsel shall have access to review the case file for the
defendant in preparation for the hearing.
11. As soon as possible, but no later than forty-eight (48) hours after the hearing under paragraph
8. of this Article, the pretrial judge shall issue a decision determining whether the defendant
shall be subject to one of the measures under Article 171 of this Code.
12. The pretrial judge must consider whether lesser measures to ensure the presence of the
defendant in Article 171 of this Code may be ordered.
13. The decision of a pretrial judge to order detention on remand is appealable in accordance
with the provisions of Article 186 paragraph 3. of this Code.
Article 163
Request for Measure to Ensure Presence of Defendant
1. If the state prosecutor believes that a lesser measure to ensure the presence of defendant
in Article 171 of this Code is warranted, he shall file a request for the lesser measure to ensure
the presence of the defendant.
2. If the state prosecutor believes that detention on remand is warranted, then he shall file a
request for detention with the pretrial judge that shall include:
2.1. the first and last name of the arrested person, if known, or if not known, any information
to adequately identify the arrested person;
2.2. the place, date, and exact time of the arrest;
2.3. the criminal offense of which he is suspected;
2.4. a description of the evidence that supports the grounded suspicion that the arrested
person has committed the suspected criminal offense;
2.5. a description of the evidence that supports the articulable grounds to believe:
2.5.1. there is a risk of flight;
2.5.2. that the arrested person will destroy, hide, change or forge evidence of
a criminal offense or specific circumstances indicate that he will obstruct the
progress of the criminal proceedings by influencing witnesses, injured parties or
accomplices; or
2.5.3. the seriousness of the criminal offense, or the manner or circumstances
in which it was committed and his personal characteristics, past conduct, the
environment and conditions in which he lives or other personal circumstances
indicate a risk that he will repeat the criminal offense, complete an attempted
criminal offense or commit a criminal offense which he has threatened to commit;
and
2.6. a description of articulable grounds to believe that lesser measures to ensure the
presence of the defendant are insufficient.
3. If the state prosecutor’s request for detention on remand fails to establish the grounded
suspicion that the arrested person has committed the suspected criminal offense, the pretrial
judge shall release the defendant.
4. If the state prosecutor’s request for detention on remand fails to establish the articulable
grounds to believe any of the three (3) elements in paragraph 2., sub-paragraph 2.5. of this
Article, the pretrial judge shall consider and order a lesser measure to ensure the presence of
defendant listed in Article 171 of this Code, release the defendant or request further clarification
from the state prosecutor.
5. If the state prosecutor’s request for detention on remand fails to establish the articulable
grounds that lesser measures to ensure the presence of defendant is insufficient, the pretrial
judge shall consider and order a lesser measure to ensure the presence of defendant listed in
Article 171 of this Code or release the defendant.
Article 164
Rights of Arrested Person
1. An arrested person has the right to the immediate assistance of defense counsel of his own
choice.
2. If the arrested person does not engage a defense counsel and no one engages a defense
counsel for him, he shall be provided with a defense counsel at public expense.
3. The arrested person has the right to communicate confidentially with defense counsel orally
and in writing. Communications between an arrested person and his defense counsel may be
within sight but not within the hearing of a police officer.
4. The right to the assistance of defense counsel may be waived in accordance with Article 52,
paragraph 3. and Article 56, paragraph 5. of this Code.
Article 165
Informing the Arrested Person of his Rights
1. An arrested person has the following rights:
1.1. to be informed about the reasons for the arrest, in a language that he understands;
1.2. to remain silent and not to answer any questions, except to give information about
his identity;
1.3. to access the case file subject to the exceptions provided for in Article 209 of this
Code;
1.4. to be given the free assistance of an interpreter, if he cannot understand or speak
the language of the police;
1.5. to receive the assistance of defense counsel of his choice or to have defense counsel
provided if he cannot afford to pay for legal assistance;
1.6. to be informed of the maximum number of hours he may be deprived of liberty before
being brought before a judge;
1.7. to challenge the lawfulness of his arrest or make a request for release;
1.8. to notify or require the police to notify a family member or another appropriate person
of his choice about the arrest; and
1.9. to receive a medical examination and medical treatment, including psychiatric
treatment.
2. If the arrested person is a foreign national, he has the right to notify or to have notified and to
communicate orally or in writing with the embassy, liaison office or the diplomatic mission of the
state of which he is a national or with the representative of a competent international organization,
if he is a refugee or is otherwise under the protection of an international organization.
Article 166
Notification of Arrest
1. An arrested person has the right to notify or to require the police to notify a family member or
another appropriate person of his choice about the arrest and the place of detention, immediately
after the arrest, and about any subsequent change in the place of detention, immediately after
such change.
2. When an arrested person has not reached the age of eighteen (18) years, the police shall
notify the parent or legal representative of the arrested person about the arrest and the place
of detention immediately after the arrest, and about any subsequent change in the place of
detention, immediately after such change. If such notification is impossible, would be detrimental
to the interests of the arrested person or is expressly refused by the arrested person, the police
shall notify the Centre for Social Work.
3. When an arrested person displays signs of mental disorder or disability, the police shall notify
a person nominated by the arrested person and the Centre for Social Work about the arrest and
the place of detention immediately after the arrest, and about any subsequent change in the
place of detention, immediately after such change.
4. Notification of a family member or another appropriate person in accordance with paragraph
1. of this Article may be delayed for up to twenty-four (24) hours where the state prosecutor
determines that the delay is required by the exceptional needs of the investigation of the case.
There shall be no delay if the arrested person is under eighteen (18) years of age or displays
signs of mental disorder or disability.
Article 167
Right of Arrested Person to Medical Examination
1. An arrested person has the right, upon request, to be examined by a doctor or dentist of his
own choice as promptly as possible after his arrest and at any time during detention. If such
doctor or dentist is not available, a doctor or dentist shall be designated by the police.
2. An arrested person has the right to medical treatment, including psychiatric treatment,
whenever necessary, upon the request of the arrested person or family members.
3. The police may also appoint a doctor to conduct a medical examination or to provide medical
treatment at any time in the case of physical injury or other apparent medical necessity. In case
the arrested person refuses to undergo a medical examination or to accept medical treatment,
the doctor shall render a final decision on the necessity of such examination or treatment, after
due consideration of the rights of the arrested person.
4. If an arrested person displays signs of mental illness, the police may immediately order an
examination by a psychiatrist.
5. The results of any medical examination or any medical treatment undertaken pursuant to this
Article shall be duly recorded, and such records shall be made available to the arrested person
and his defense counsel.
Article 168
Right of Arrested Person during Detention
1. An arrested person shall be detained separately from sentenced persons or persons in
detention on remand.
2. Persons of different sex shall not be detained in the same room.
3. A person detained for more than twelve (12) hours shall be provided with three (3) meals
daily. Whereas a person detained for up to twelve (12) hours shall be provided with a meal
every four (4) hours of detention.
4. In any period of twenty-four (24) hours, an arrested person shall have the right to at least
eight (8) hours of uninterrupted rest, during which he shall not be examined and shall not be
disturbed by the police in connection with the investigation.
Article 169
Right of Arrested Person during Examinations by Police
1. During all examinations by the police, an arrested person has the right to the presence of
defense counsel. If defense counsel does not appear within two (2) hours of being informed of
the arrest, the police shall arrange alternative defense counsel for him by the authorization of
the state prosecutor. Thereafter, if the alternative defense counsel does not appear within one
(1) hour of being contacted by the police, the arrested person may be examined only if the state
prosecutor determines that further delay would seriously impair the conduct of the investigation.
2. Articles 150 to 153 of this Code shall apply mutatis mutandis to the examination of the
arrested person.
3. There shall be short breaks in the examination of an arrested person at intervals of
approximately two (2) hours. A break may be delayed if there are reasonable grounds to believe
that delay would:
3.1. involve a risk of harm to persons or serious loss of, or damage to, property;
3.2. unnecessarily prolong the person’s detention or the conclusion of the examination;
or
3.3. otherwise prejudice the outcome of the investigation.
4. During an examination an arrested person shall not be required to stand and shall not be
denied food, water or any necessary medical attention.
Article 170
Record of Arrest and Actions by Police
1. The police shall keep a single written record of all actions undertaken with respect to an
arrested person, including:
1.1. the personal data of the arrested person;
1.2. the reasons for the arrest;
1.3. the criminal offense of which he is suspected;
1.4. the authorization or notification of the state prosecutor;
1.5. the place, date, and exact time of the arrest;
1.6. the circumstances of the arrest;
1.7. any decision of the state prosecutor regarding detention;
1.8. the place of detention;
1.9. the identity of the police officers and the state prosecutor concerned;
1.10. oral and written notification to the arrested person of his rights, as provided for in
Article 162, paragraph 4. and Article 165 of this Code;
1.11. information about the exercise of the rights in subparagraph 1.10. paragraph 1.
of this Article by the arrested person, especially the right to defense counsel and to
notification of family members or other appropriate persons;
1.12. visible injuries or other signs which suggest the need for medical help;
1.13. the conduct of a medical examination or the provision of medical treatment;
1.14. information about the provisional security search of the person and a description of
objects taken from the person at the time of the arrest or during detention; and
1.15. information on the exit of arrested person from the building, including the exact date
and time, information on whether the person was released or sent before the judge, or if
he was transferred to the detention center.
2. The police shall keep a written record of any examination of the arrested person, including
the time of beginning and concluding the examination and the identity of the police officer who
conducted the examination and any other persons present. If the defense counsel was not
present, this shall be duly noted.
3. The written records under paragraph 1. of this Article shall be signed by the appropriate
police officer and countersigned by the arrested person. If the arrested person refuses to sign
the written records, the police authorities shall record such refusal and any explanation and
append any comments offered by the arrested person orally or in writing.
4. The written records under paragraphs 1. and 2. of this Article shall be made available to the
arrested person and his defense counsel on their request and in a language that the arrested
person understands.
5. These records shall be preserved by the police for a period of ten (10) years from the time
of the official end of the criminal proceedings or the person’s release from detention, whichever
is later.

PART TWO CRIMINAL PROCEEDINGS
CHAPTER X DEPRIVATION OF LIBERTY PRIOR TO INDICTMENT AND MEASURES TO ENSURE PRESENCE OF THE DEFENDANT
SUB-CHAPTER III MEASURES TO ENSURE PRESENCE OF DEFENDANT
H. HOUSE DETENTION
Article 181
House Detention
1. The court may order that the defendant be placed under house detention, if:
1.1. there is a grounded suspicion that the defendant has committed a criminal offense;
and
1.2. the circumstances under Article 184 paragraph 1. sub-paragraph 1.2. of this Code
are met.
2. The court shall decide on a measure under this Article in a ruling supported by reasoning. The
ruling must contain the justification for determining that the conditions under paragraph 1. of this
Article are met and that there is a need for this measure.
3. The court shall determine in the ruling that the defendant may not move from the premises
in which he permanently or currently resides or from a public treatment or care institution. The
court may restrict or prohibit contacts between the defendant and persons with whom he does
not live or persons who are not dependent on the defendant. Exceptionally, the court may allow
the defendant to move for a specific time away from the premises where house detention is
being implemented whenever this is unavoidably necessary to ensure essential living needs or
to perform work.
4. The ruling shall be served on the defendant and a copy shall be sent to the relevant police
station on the territory where the measure is to be implemented.
5. The court may order detention on remand, if the defendant violates the ruling. The defendant
must always be informed of the consequences of non-compliance in advance.
6. The court shall supervise the implementation of the measure of house detention, either
directly or through the police. The police shall have the right to verify the implementation of
the measure of house detention at any time, and shall randomly verify the presence of the
defendant at the location of the house detention. The police shall inform the court without delay
of any possible violations of the measure.
7. Unless otherwise provided for by this Article, the provisions of this Code on detention on
remand shall apply mutatis mutandis to the ordering, duration, extension and termination of the
measure under this Article. Provisions of the Criminal Code on the inclusion of detention in the
punishment imposed shall also apply mutatis mutandis to the measure under this Article.
8. The single trial judge or presiding trial judge shall in all cases decide on the extension of
house detention after the filing of the indictment ex officio or based on a motion of the state
prosecutor which is supported by reasoning. The defendant as well as his defense counsel,
where the defendant has such, must be informed of the motion no later than three (3) days prior
to the expiration of the current ruling on house detention.
9. The travel document of a person subject to house detention may be temporarily sequestered.
An appeal against the ruling to temporarily sequestrate a person’s travel document shall not
stay execution.
J. DETENTION ON REMAND
Article 182
Detention on Remand
1. Detention on remand may only be ordered on the grounds and in accordance with the
procedures provided for by this Code.
2. Detention on remand shall last the shortest possible time. All authorities participating in
criminal proceedings and authorities that provide legal assistance to them have a duty to
proceed with special urgency if the defendant is being held in detention on remand.
3. Detention on remand shall, at any stage of the proceedings, be terminated and the detainee
released as soon as the reasons for it cease to exist.
4. Article 164, paragraphs 2. and 3., Article 165, paragraph 2., Article 166, Article 167, Article
168, paragraph 3. and Article 169, paragraphs 3. and 4. of this Code shall apply throughout
detention on remand.
5. Upon arrest, the person subject to detention on remand shall be informed:
5.1. orally and in writing of the rights set forth in Article 165 of this Code; and
5.2. in writing of the other rights which he enjoys under this Code.
Article 183
Notification of Competent Social Welfare Body about the Arrest, when such a Measure
is Necessary
The arrest shall be reported to the competent social welfare body, if it is necessary to take
measures for the safety of the children and other family members of the arrested person who
are under his care.
Article 184
Findings Required for Detention on Remand
1. The court may order detention on remand against a person only after it explicitly finds that:
1.1. there is a grounded suspicion that such person has committed a criminal offense;
1.2. one of the following conditions is met:
1.2.1. he is in hiding; his identity cannot be established or other circumstances
indicate that there is a danger of flight;
1.2.2. there are grounds to believe that he will destroy, hide, change or
forge evidence of a criminal offense or specific circumstances indicate that he will
obstruct the progress of the criminal proceedings by influencing witnesses, injured
parties or accomplices; or
1.2.3. the seriousness of the criminal offense, or the manner or circumstances
in which it was committed and his personal characteristics, past conduct, the
environment and conditions in which he lives or other personal circumstances
indicate a risk that he will repeat the criminal offense, complete an attempted
criminal offense or commit a criminal offense which he has threatened to commit;
and
1.3. the lesser measures to ensure the presence of defendant listed in Article 171 of this
Code would be insufficient to ensure the presence of such person, to prevent reoffending
and to ensure the successful conduct of the criminal proceedings.
2. In cases under paragraph 1., sub-paragraph 1.2. of this Article, the detention on remand
ordered solely because a person’s identity cannot be established is terminated as soon as
identity is established. In cases under paragraph 1., sub-paragraph 1.2. of this Article, the
detention on remand is terminated as soon as the evidence on account of which detention on
remand was ordered has been taken or secured.
3. If the defendant has violated one of the lesser measures to ensure the presence of defendant
listed in Article 171 of this Code, this shall be taken into particular consideration by the court
when establishing the existence of circumstances under sub-paragraphs 1.2. and 1.3. of this
Article.
Article 185
Procedure for Imposing Detention on Remand
1. Detention on remand shall be ordered by the pretrial judge of the competent court upon a
written application of the state prosecutor and after a hearing.
2. After the arrested person has been brought before the pretrial judge, he shall immediately
inform such person of his rights under Article 165 of this Code. This shall be entered in the
record together with the exact time of the arrest and the time when the person was brought
before the pretrial judge.
3. The pretrial judge shall then conduct a hearing on detention on remand. The state prosecutor
and the defense counsel shall be present at the hearing.
4. If the arrested person fails to engage his own defense counsel within twenty-four (24) hours
of being informed of such right or declares that he will not engage a defense counsel, the court
shall appoint a defense counsel for him ex officio.
5. At the hearing on detention on remand, the state prosecutor shall state the reasons for his
application for detention on remand. The defendant and his defense counsel may respond with
their arguments.
6. The pretrial judge shall rule on the motions of the parties when the parties have made
statements on all issues that could be relevant to the application of measures under this Chapter.
Article 186
The Content of the Ruling Ordering Detention on Remand and the Appeal Against it
1. Detention on remand shall be ordered by a written ruling including: the name and
surname of the person to be detained on remand and his other personal data known to the
pretrial judge; the exact time of arrest; the time when the person was brought before the pretrial
judge; the time of the hearing for detention on remand; the criminal offense of which he has been
charged; the legal grounds for detention on remand; instructions on the right to appeal; and an
explanation of all material facts which dictated detention on remand, including the reasons for
the grounded suspicion that the person committed a criminal offense and the material facts
under Article 184, paragraph 1., sub-paragraph 1.2. of this Code.
2. The ruling on detention on remand shall be served on the person concerned, his defense
counsel and the state prosecutor. The time of the service of the ruling on the person concerned
shall be indicated in the case file.
3. Each party may file an appeal within forty-eight (48) hours of being served with the ruling.
The appeal shall not stay execution of the ruling. If only one party appeals, the appeal shall be
served by the court on the other party who may submit arguments to the court within twenty-four
(24) hours of being served with the appeal. The appeal shall be decided within seventy-two (72)
hours of the filing of the reply to the appeal or the expiration of the time limit for filing of a reply
before the Court of Appeals.
4. If the pretrial judge rejects the request of the state prosecutor for detention on remand, the
pretrial judge may order any other measure provided for under this Chapter.
Article 187
Time Limits for Detention on Remand
1. The detainee may be held in detention on remand on the initial ruling under Article 186 of
this Code for a maximum period of one (1) month from the day he was arrested. After that time
period he may be held in detention on remand only under a ruling of the pretrial judge ordering
an extension of detention on remand.
2. Prior to the filing of an indictment, detention on remand shall not exceed:
2.1. four (4) months, if proceedings are conducted for a criminal offense punishable by
imprisonment of up to five (5) years;
2.2. eight (8) months, if proceedings are conducted for a criminal offense punishable by
imprisonment of more than five (5) years.
3. In exceptional cases where proceedings are conducted for a criminal offense punishable
by imprisonment of at least five (5) years, the case is complex as defined under Article 19
paragraph 1., subparagraph 1.2. of this Code and the delay is not attributable to the state
prosecutor, in addition to the prescribed periods of time provided for in paragraph 2. of this
Article, detention on remand prior to the filing of an indictment may be extended by up to four
(4) months for a maximum of twelve (12) months in total.
4. Upon a convincing and grounded cause to believe that public danger or a threat of violence
exists upon the pretrial release of a defendant, an extension of the detention on remand under
paragraph 3. of this Article can be extended for another six (6) months for a maximum of
eighteen (18) months in total.
5. If the indictment is not filed before the expiry of the prescribed periods of time provided for
under paragraphs 2., 3. and 4. of this Article, the detainee shall be released.
Article 188
Extension of Detention on Remand
1. Detention on remand may only be extended by the pretrial judge upon the request of the state
prosecutor, who shall show that there are grounds for detention on remand under Article 184 of
this Code, that the investigation has been initiated and that all reasonable steps are being taken
to conduct the investigation speedily. The injured party or victim advocate may ask the state
prosecutor to request an extension of detention on remand. The state prosecutor shall file the
request for extension of detention on remand to the court no later than five (5) days prior to the
expiry of the current ruling on detention on remand.
2. The request for extension of detention on remand shall be sent to the defendant and his
defense counsel no later than three (3) days prior to the expiry of the current ruling on detention
on remand.
3. Each ruling on the extension of detention on remand can be appealed. Article 186, paragraphs
3. and 4. of this Code shall apply mutatis mutandis.

PART TWO CRIMINAL PROCEEDINGS
CHAPTER X DEPRIVATION OF LIBERTY PRIOR TO INDICTMENT AND MEASURES TO ENSURE PRESENCE OF THE DEFENDANT
SUB-CHAPTER IV IMPLEMENTATION OF DETENTION ON REMAND
Article 191
Treatment and Conditions for Detained Persons
1. The personality and dignity of a person held in detention on remand must not be abused. The
detainee on remand must be treated in a humane manner and his physical and mental health
must be protected.
2.Only those restrictions which are necessary to prevent escape or communications that
might be harmful to the effective conduct of proceedings may be imposed against a person in
detention on remand.
Article 192
Detention Facility
1. Admission to a facility for detention on remand (hereinafter “detention facility”) shall be based
on a written ruling of a judge.
2. The detention facility shall be obliged to keep a record of the time of arrival of the detainee on
remand at the detention facility and the time when the period of detention on remand ordered
in respect of the detainee on remand expires and to inform the detainee on remand and his
defense counsel about the date of expiry. If the detention facility does not receive a ruling
of the court to extend detention on remand after the period in the ruling has expired, it shall
immediately release the detainee on remand and inform the competent court of this.
Article 193
Information regarding Detainees
1. The detention facility shall collect, process, store and maintain a database on detainees on
remand to ensure the lawful and proper implementation of detention on remand.
2. The database under paragraph 1. of this Article shall comprise data on:
2.1. the identity and personal status of the detainee on remand;
2.2. the ruling on detention on remand;
2.3. the work performed while in detention on remand;
2.4. admission to the detention facility and the duration, extension and termination of
detention on remand; and
2.5.the behavior of the detainee on remand and any disciplinary measures.
3. Data from the database shall be stored and used for the duration of detention on remand.
After the detention on remand is terminated, the data shall be archived and stored permanently.
4. The detention facility shall forward the data under paragraph 2. of this Article to the central
records on detainees on remand, and such data may only be used by other persons authorized
to use the data by law or pursuant to the written permission or request of the individual to whom
the data refers.
5. The Ministry of Justice shall issue a sub-legal act which shall define in greater detail the data
under paragraph 2. of this Article and procedures in compliance with this Article.
Article 194
Segregation of Detainees
1. Detention on remand shall be served in special detention facilities or in a separate part of a
facility for serving prison sentences.
2. A person may not be detained on remand in the same room as a person of the opposite
sex. As a rule, persons who participated in committing the same criminal offense shall not be
accommodated in the same room and persons serving a sentence shall not be accommodated
in the same room as persons in detention on remand. If possible, persons who have repeated
a criminal offense shall not be accommodated in the same room as other persons in detention
whom they could negatively influence.
3. The General Director of Kosovo Correctional Service may transfer a detainee on remand from
one detention facility to another for reasons of safety, order and discipline or for the successful
and reasonable conduct of criminal proceedings, on the motion of the director of the detention
facility in which the detainee on remand is accommodated.
Article 195
Items Detainees Are Permitted to Have and Use
While in detention on remand, detainees on remand may have on their person and use items for
personal use, items for maintaining hygiene, equipment to receive public media, printed matter,
professional and other literature, money and other items which in view of their size and quantity
facilitate normal activities in the living area and which do not disturb other detainees on remand.
Other items shall put into storage during a personal inspection of the detainee on remand.
Article 196
Right of Detainees to Rest, Exercise and Payment for Work Performed
1. Detainees on remand have the right to eight (8) hours of uninterrupted rest every twenty-
four (24) hours. In addition, detainees on remand must be guaranteed at least two (2) hours of
outdoor exercise per day.
2. Detainees on remand may perform work that is necessary to maintain order and cleanliness
in their area. To the extent that the institution has the facilities and on condition that it is not
harmful to the conduct of criminal proceedings, detainees on remand shall be allowed to work
in activities which suit their mental and physical abilities. The pretrial judge, single trial judge
or presiding trial judge shall decide on this in agreement with the management of the detention
facility.
3. Detainees on remand are entitled to payment for work performed. The Ministry of Justice
shall issue a sub-legal act setting forth the manner and amount of payment.
Article 197
Visitation and Right to Communicate
1. With the permission of the pretrial judge, single trial judge or presiding trial judge and under
his supervision or the supervision of someone appointed by such judge, the detainee on remand
may receive visits from family members as defined in the Criminal Code and, upon his request,
from a doctor or other persons, within the limits of the rules of the detention facility. Certain visits
may be prohibited if they might be harmful to the conduct of the proceedings.
2. With the knowledge of the pretrial judge, single trial judge or presiding trial judge,
representatives from an embassy, liaison office, or diplomatic mission shall have the right to
visit and to talk without supervision to detainees on remand who are nationals of their country.
Representatives of competent international organizations shall have the same right to visit
and talk to detainees on remand who are refugees or otherwise under the protection of such
international organizations.
3. The Ombudsperson of Kosovo or his deputy may visit detainees on remand and may
correspond with them without prior notification and without the supervision of the pretrial judge,
single trial judge or presiding trial judge or other persons appointed by such judge. Letters from
detainees on remand to the Office of the Ombudsperson of Kosovo may not be examined.
The Ombudsperson and his deputy may communicate confidentially with detainees on remand
orally and in writing. Communications between a detainee on remand and the Ombudsperson
and his deputy may be within the sight but not within the hearing of a police officer.
4. Detainees on remand may correspond or have other contacts with persons outside the
detention facility with the knowledge and under the supervision of the pretrial judge, single trial
judge or presiding trial judge. The pretrial judge, single trial judge or presiding trial judge may,
after consulting the state prosecutor, prohibit letters and other packages being received or
sent or contacts being established which are harmful to the proceedings, but may not prohibit
detainees on remand from sending requests or appeals or from communicating with their
defense counsel.
5. When the pretrial, single trial judge or presiding trial judge refuses a visit pursuant to paragraph
1. of this Article or prohibits communication pursuant to paragraph 4. of this Article, the detainee
on remand may apply to the review panel to grant such permission.
6. Following the filing of indictment and until the rendering of final judgment, the single trial
judge or the presiding trial judge shall decide on all matters from paragraphs 1. to 4. of this
Article, whereas paragraph 5. of this Article shall apply mutatis mutandis.
Article 198
Discipline of Detainees
1. The Director of the Correctional Institution may conduct the disciplinary procedure and impose
a disciplinary measure of a prohibition or restriction on visits or correspondence on a detainee
on remand who has committed a disciplinary breach.
2. A disciplinary breach includes:
2.1. a physical attack on other detainees on remand, employees of the detention facility
or other official persons;
2.2. the production, acceptance or introduction of items for attacks or escape;
2.3. the production or introduction of alcoholic beverages and narcotics and their
distribution;
2.4. a violation of regulations on safety at work, fire safety and the prevention of the
consequences of natural disasters;
2.5. repeated violations of the internal order of the detention facility;
2.6. causing serious material damage intentionally or through serious negligence; or
2.7. insulting and undignified behavior.
3. A restriction or prohibition of a visit or correspondence shall not apply to visits by or
correspondence with defense counsel, doctors, the Ombudsperson of Kosovo, representatives
of an embassy, liaison office, or diplomatic mission of the State of which the detainee on remand
is a national or, in the case of a refugee or a person otherwise under the protection of an
international organization, representatives of the competent organization.
4. An appeal against a decision on a disciplinary measure under paragraph 1. of this Article may
be filed with the pretrial judge, the single trial judge or presiding trial judge within twenty-four
(24) hours of receipt thereof. The appeal shall not stay execution of the decision.
5. The decision on the appeal from paragraph 4. of this Article shall be issued within forty-eight
(48) hours.
Article 199
Application of the Law on the Execution of Penal Sanctions to Detainees on Remand
Unless otherwise provided for by the present Code and by other legislation issued pursuant to
it, the provisions of the Law on the Execution of Penal Sanctions shall apply mutatis mutandis to
monitoring, pursuit, surveillance, maintenance of order and discipline, the use of force, personal
search and search of premises in the case of detainees on remand.
Article 200
Supervision of the Treatment of Detainees
1. The competent president of the basic court has the ultimate responsibility to supervise the
treatment of detainees on remand.
2. The competent president of the basic court and the judge who ordered detention on remand
may, at any time, visit detainees on remand, talk to them and accept complaints.
3. The duties under this Article do not diminish the duties of the competent judge under Article
189 of this Code to evaluate petitions by detainees with valid complaints about the conditions of
detention and correct unlawful conditions.

PART TWO CRIMINAL PROCEEDINGS
CHAPTER XIX MAIN TRIAL
SUB – CHAPTER IV PRECONDITIONS FOR THE MAIN TRIAL
Article 302
Failure of Accused to Appear at Main Trial
1. Without prejudice to Article 303 of this Code, if a duly summoned accused fails to appear at
the main trial without justifying his absence, the single trial judge or presiding trial judge issues
an order for arrest of the accused in accordance with Article 173 of the present Code. If the
accused cannot be produced immediately, the single trial judge or trial panel adjourns the main
trial and order that the accused be compelled to appear at the next session or otherwise issues
a ruling suspending the criminal procedure, until the accused is brought before the court. If the
accused justifies his absence before being arrested, the single trial judge or presiding trial judge
revokes the order for arrest. The main trial commences as to the missing defendant when he
is arrested.
2. If a duly summoned accused is obviously evading the main trial and there are no reasons
for his detention on remand under Article 184 of the present Code, the single trial judge or
trial panel may order detention on remand to ensure his presence at the main trial. An appeal
against this ruling does not stay its execution. Articles 182 through 200 of the present Code
apply, mutatis mutandis, to detention on remand ordered for this reason. Unless terminated
earlier, the detention lasts until the announcement of the judgment, but no longer than one (1)
month.