Article 38- General rules on interrogation

FIRST PART

TITLE I- Parties

CHAPTER IV- DEFENDANT (Suspected Person)

1. The defendant (suspected person), even under a custodial remand order or when deprived of freedom for any other ground, shall be interrogated in a free state (not handcuffed), except in cases when measures must taken to prevent the danger of escaping or violence.

2. No methods or techniques, which influence the free will or change the memory and evaluation of facts ability, may be used, even with the consent of the defendant.

3. The defendant, before the interrogation starts, is informed that he has the right not to reply and if he does not reply the proceedings will continue.

FIRST PART

TITLE I- Parties

CHAPTER IV- DEFENDANT (Suspected Person)

Article 39- Interrogation on merit

1.The proceeding authority explains to the defendant (suspected person), in a clear and precise way, the fact attributed to him, tells him the evidence that exist against him and, when investigations are not prejudiced, tells him their sources.

2. The proceeding authority asks him to explain everything that he values useful for his defense and ask him question directly.

3. When the defendant refuses to reply, this shall be stated in the records. When it is necessary, the physical features and eventual specific marks of the defendant are stated in the records.

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:
(b) To remain silent, without such silence being a consideration in the determination of guilt or innocence