Suspect

A suspect is a person who has been arrested as a suspect in a criminal offence or with respect to whom there are reasonable grounds to suspect that they have committed a criminal offence, and who is subject to a procedural operation.

A suspect or an accused who is a legal person participates in criminal proceedings via a member of their management board or a body replacing that who has all the rights and obligations of a suspect or an accused, including the right to give statements in the name of the legal person.

Rights

  • to know the substance of the suspicion and to provide or refuse to provide a statement concerning this;
  • to know that their statements may be used to bring charges against them;
  • to the assistance of the defence counsel;
  • to meet with their defence counsel without other persons being present;
  • in the presence of their defence counsel, to be interviewed or to participate in a concurrent interview of several persons conducted to resolve a contradiction in their statements, to participate in the linking of a statement to the relevant setting and to participate in an identification line-up;
  • to participate in the judicial hearing of any application for their arrest;
  • to offer evidence;
  • to file applications and complaints;
  • to acquaint themselves with the report of any procedural operation performed in the case and to make representations, which are to be included in the report, concerning the conditions, course, results and reports of the operation;
  • to consent to the use of the plea agreement procedure, to participate in plea agreement negotiations, to make proposals concerning the type and term of the sentence to be imposed and to enter into or decline to enter into the plea agreement.

Obligations

  • appear when summoned by the investigative authority, the Prosecutor’s Office or the court;
  • participate in procedural operations and comply with the directions of the investigative authority, the Prosecutor’s Office and the court.