Chapter Two
Human Rights and Fundamental Freedoms

Division One
Fundamental Human Rights and Freedoms

Article 8

(3) A person accused of or suspected of having committed a criminal act may be detained only in cases specified by law. A person who is detained shall promptly be informed of the grounds for the detention, questioned, and within forty-eight hours at the latest, either released or turned over to a court. A judge must question the detained person and decide, within twenty-four hours of receiving him, whether the person shall be placed in custody or released.

Chapter Two
Human Rights and Fundamental Freedoms

Division One
Fundamental Human Rights and Freedoms

Article 8

(4) A person accused of a criminal act may be arrested only on the basis of a warrant issued by a judge in writing and stating the reasons for the arrest. The arrested person shall be turned over to a court within twenty-four hours. A judge shall question the arrested person and decide, within twenty-four hours, whether the person shall be placed or released.

Chapter Five
The Right to Judicial and Other Legal Protection

Article 40

(1) Only a court may determine a person’s guilt and designate the punishment for criminal acts.

Article 55
Rights of persons during an investigation
1. In respect of an investigation under this Statute, a person:
(d) Shall not be subjected to arbitrary arrest or detention, and shall not be deprived of his or her liberty except on such grounds and in accordance with such procedures as are established in this Statute