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Charter of Fundamental Rights and Freedoms


Article 37 (1) Everyone has the right to refuse to give testimony if she would thereby incriminate herself or a person close to her. (2) In proceedings before courts, other State bodies, or public administrative authorities, everyone shall have the right to legal assistance from the very beginning of such proceedings. (3) All parties to such proceedings are equal. (4) Anyone who declares that she does not speak the language in which a proceeding is being conducted has the right to the services of an interpreter. Article 40 (1) Only a court may decide on guilt and on the punishment for criminal offences. (2) A person against whom a criminal proceeding has been brought shall be considered innocent until her guilt is declared in a court’s final judgment of conviction. (3) The accused has the right to be given the time and opportunity to prepare a defense and to be able to defend herself, either pro se or with the assistance of counsel. If she fails to choose counsel even though the law requires her to have one, she shall be appointed counsel by the court. The law shall set down the cases in which the accused is entitled to counsel free of charge. (4) The accused has the right to refuse to give testimony; she may not be deprived of this right in any manner whatsoever.