'Rights during investigation - arbitrary arrest or detention and deprivation of liberty' in document 'Romania - Constitution'

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RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

TITLE II
Fundamental rights, freedoms and duties

CHAPTER II
Fundamental rights and freedoms

Individual freedom
ARTICLE 23

(1) Individual freedom and security of a person are inviolable.

(2) Search, detainment, or arrest of a person shall be permitted only in the cases and under the procedure provided by law.

(3) Detention shall not exceed twenty-four hours.

(4) Preventive custody shall be ordered by a judge and only in the course of criminal proceedings.

(5) During the criminal proceedings, the preventive custody may only be ordered for 30 days at the most and extended for 30 days at the most each, without the overall length exceeding a reasonable term, and no longer than i80 days.

(6) After the lawsuit has begun, the court is bound, according to the law, to check, on a regular basis and no later than 60 days, the lawfulness and grounds of the preventive custody, and to order at once the release of the defendant if the grounds for the preventive custody have ceased to exist or if the court finds there are no new grounds justifying the continuance of the custody.

(7) The decisions by a court of law on preventive custody may be subject to the legal proceedings stipulated by the law.

(8) Any person detained or arrested shall be promptly informed, in a language he understands, of the grounds for his detention or arrest, and notified of the charges against him, as soon as practicable the notification of the charges shall be made only in the presence of a lawyer of his own choosing or appointed ex officio.

(9) The release of a detained or arrested person shall be mandatory if the reasons for such steps have ceased to exist, as well as under other circumstances stipulated by the law.

(10) A person under preventive custody shall have the right to apply for provisional release, under judicial control or on bail.

(11) Any person shall be presumed innocent till found guilty by a final decision of the court.

(12) Penalties shall be established or applied only in accordance with and on the grounds of the law.

(13) The freedom deprivation sanction can only be based on criminal grounds.

RELEVANT ROME STATUTE PROVISIONS

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