'Rights during investigation - legal assistance' in document 'Spain - Constitution'

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RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

PART I
Fundamental rights and duties

CHAPTER TWO
Rights and Liberties

SECTION 1
Fundamental Rights and Public Liberties

Article 17 - Right to personal freedom

3. Any person arrested must be informed immediately, and in a manner understandable to him or her, of his or her rights and of the grounds for his or her arrest, and may not be compelled to make a sta¬tement. The arrested person shall be guaranteed the assistance of a law¬yer during police and judicial proceedings, under the terms established by the law.

PART I
Fundamental rights and duties

CHAPTER TWO
Rights and Liberties

SECTION 1
Fundamental Rights and Public Liberties

Article 24 - Legal protection of your rights

1. Every person has the right to obtain the effective protection of the Judges and the Courts in the exercise of his or her legitimate rights and interests, and in no case may he go undefended.

2. Likewise, all persons have the right of access to the ordinary judge predetermined by law ; to the defence and assistance of a lawyer ; to be informed of the charges brought against them ; to a public trial without undue delays and with full guarantees ; to the use of evidence appropriate to their defence ; to not make selfincriminating statements ; to not declare themselves guilty ; and to be presume d innocent.

The law shall determine the cases in which, for reasons of family relationship or professional secrecy, it shall not be compulsory to make statements regarding alleged criminal offences.

RELEVANT ROME STATUTE PROVISIONS

Article 55
Rights of persons during an investigation
2. Where there are grounds to believe that a person has committed a crime within the jurisdiction of the Court and that person is about to be questioned either by the Prosecutor, or by national authorities pursuant to a request made under Part 9, that person shall also have the following rights of which he or she shall be informed prior to being questioned:
(c) To have legal assistance of the person's choosing, or, if the person does not have legal assistance, to have legal assistance assigned to him or her, in any case where the interests of justice so require, and without payment by the person in any such case if the person does not have sufficient means to pay for it