CAT/C/75 page 69 opportunity to submit evidence, challenge decisions by the authorities that affect the legitimate interests of the defence, systematically expound the law applicable to the case at hand and take advantage of all the defence resources provided for by law. It also extended the safeguards afforded to the accused to cover the preliminary investigation phase, with the proviso that they must be consistent with the administrative nature of the investigation. This means that, insofar as the nature of the procedural steps that must be taken during the preliminary investigation permits, the safeguards available to the accused during the jurisdictional phase can be applied in full. 325. The secondary legislation reflects the spirit of the constitutional amendments. Article 128 of the Federal Code of Criminal Procedure thus provides: “Article 128. When the accused is arrested or voluntarily appears before the Federal Public Prosecutor’s Office, the procedure to be followed immediately shall be that: “I. The person who made the arrest or the person before whom the accused appeared shall record the date, time and place of the arrest or the appearance and, as appropriate, the name and function of the person who ordered it. If the arrest was made by an authority not forming part of the Public Prosecutor’s Office, the detailed report signed by whoever made the arrest or took charge of the detainee shall be entered or added, as appropriate; “II. The accused shall be informed of the charge against him and the name of the accuser or the complainant; “III. The accused shall be informed of his rights under the Constitution of the United Mexican States and, particularly during the preliminary investigation, of the following: The right not to make a statement, if he so wishes, or to make a statement with the assistance of defence counsel; The right to defend himself in person or to be defended by counsel or a trusted individual; if he does not wish to appoint defence counsel or cannot do so, court-appointed counsel shall automatically be assigned to him; The right to have his defence counsel present during the presentation of all evidence in connection with the investigation; The right to be provided with any information which he may request for his defence and which is recorded during the investigation; to this end, he and his defence counsel shall be permitted to consult the preliminary investigation file in the Public Prosecutor’s Office and in the presence of its staff; The right to have any witnesses and other evidence he may produce, accepted and taken into account in the decision handed down; he shall be given as much time as necessary for this purpose, provided that this does not hamper the investigation