Police Investigation,
Everyone has the right to liberty and security of person. No one shall be deprived
of his liberty save in the following cases and in accordance with a procedure
prescribed by law (Article 5 (1) ECHR)
Arrest
Any person deprived of liberty shall be informed promptly, in a language which he
or she understands, of (Article 14 (1) PCPC)
The reasons for his or her arrest; (Article 14 (1) (1) PCPC)
The right to legal assistance of his or her own choice; (Article 14 (1) (2) PCPC)
and
The right to notify or to have notified a family member or another appropriate
person of his or her choice about the arrest. (Article 14 (1) (3) PCPC)
A person deprived of liberty under the suspicion of having committed a criminal
offence shall be brought before a judge promptly and at the latest within 72 hours
of the arrest and shall be entitled to a trial within a reasonable time or to release
pending trial. (Article 14 (2) PCPC)
A person deprived of liberty enjoys the rights provided for in the present article
throughout the time of the deprivation of liberty. These rights can only be waived
if such
waiver is made in writing in an informed and voluntary manner. The exercise of
these rights depends neither on the possible previous decision of the person to
waive certain rights, nor on the time when he or she was notified about these
rights. (Article 14 (3) PCPC)
If a person is caught in the act of committing a criminal offence prosecuted ex
officio or is being pursued, the police or any other person shall be authorized to
arrest him or her provisionally even without a court order. The person deprived of
his or her liberty by ersons other than the police shall be immediately turned over
to the police or, where that proves impossible, the police or the public prosecutor
must be immediately notified. The police shall act in accordance with Article 211
and 212 of the present Code. (Article 210 PCPC)
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