TITLE IV
PREVENTIVE MEASURES AND OTHER PROCEDURAL MEASURES

CHAPTER I
PREVENTIVE MEASURES

Section IV
Preventive arrest

1. Arrest of the accused person

Arrest of the accused person during criminal investigation
Art. 146 – The prosecutor, ex officio or solicited by the criminal investigation body, when the conditions stipulated in art. 143 are met and there is evidence from which results one of the cases provided at art. 148, if he considers the accused person's arrest to be in the interest of the criminal investigation, and only after hearing the latter in the presence of his/her defender, presents the case file, with the motivated proposal to take the measure of preventive arrest of the accused person, to the president of the court or to the judge delegated by the latter.

The file is presented to the president of the court that would be competent to judge the case at first instance, or of the corresponding court in whose jurisdiction the detention place is, or to the judge delegated by the court president.

TITLE V
TRIAL-RELATED AND COMMON PROCEDURAL ACTS

CHAPTER I
JUDICIAL ASSISTANCE AND REPRESENTATION

The rights of the defender
Art. 172 - When judicial assistance is obligatory, the criminal investigation body will ensure the presence of the defender at the defendant's hearing.

In case the defender of the accused person or defendant is present at the performance of a criminal investigation act, this will be mentioned and the act is also signed by the defender.

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:
(d) To be questioned in the presence of counsel unless the person has voluntarily waived his or her right to counsel.