TITLE I
BASIC RULES AND ACTIONS IN THE CRIMINAL TRIAL

Chapter l
AIM AND BASIC RULES OF THE CRIMINAL TRIAL

Art.5 - The person's liberty is guaranteed all throughout the criminal trial.

No person may be retained, arrested or deprived of liberty in any way or subjected to any form of liberty restraint, except for the cases and circumstances stipulated by the law.

If the person subjected to preventive arrest or hospitalization or any measure of liberty restraint considers such measures illegal, he/she has the right, during the trial, to bring the matter to the attention of the competent court, under the law.

Any person who was, during the criminal trial, deprived of liberty, or whose liberty was restrained, illegally or unjustly, is entitled to reparation of the damages, in the conditions stipulated by the law.

During the criminal trial, the accused person or the defendant who is preventively arrested may require temporary release, under judicial supervision or on bail.

TITLE IV
PREVENTIVE MEASURES AND OTHER PROCEDURAL MEASURES

CHAPTER I
PREVENTIVE MEASURES

Section IV
Preventive arrest

2. Arrest of the defendant

Duration of the defendant’s arrest
Art. 149 - The duration of the defendant's arrest during criminal investigation may not exceed 30 days, except for the case when it is extended under the law. The due time is calculated from the date when the warrant was issued, when the arrest was ordered after hearing the defendant, and in case the arrest was ordered in the defendant's absence, the due time is calculated from the date of execution of the arrest warrant.

When a case is moved in the course of criminal investigation from one investigation body to another, the arrest warrant previously issued remains valid. The duration of the arrest is calculated according to the provisions of the previous paragraph.

TITLE IV
PREVENTIVE MEASURES AND OTHER PROCEDURAL MEASURES

CHAPTER I
PREVENTIVE MEASURES

Section IV
Preventive arrest

2. Arrest of the defendant

Checking related to the defendant’s arrest during trial
Art. 160b – During trial, the court checks periodically, but no later than 60 days, the legality and justification of the preventive arrest.

If the court establishes that the reasons which determined preventive arrest have ceased or there are no new reasons to justify the deprivation of freedom, it orders, through closing, the revocation of preventive arrest and immediate release of the defendant.

When the court establishes that the reasons which determined preventive arrest impose further deprivation of freedom or that there are new reasons that justify the deprivation of freedom, it orders, through motivated closing, the maintaining of preventive arrest.

The closing may be attacked by recourse, the provisions of art. 160a par. 2 being applied accordingly.

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