CRIMINAL PROCEDURE CODE

PART I
ON THE GENERAL PART

TITLE III
ON PROCEDURAL PARTICIPANTS

CHAPTER VI
ON SUSPECTS, DEFENDANTS AND CONVICTS

Article 62
General rules for questioning

2. Methods and techniques, which might restrict or impair the freedom of will or of decision, or the ability to recall and reason, shall not be employed, even with the consent of the defendant.

CRIMINAL PROCEDURE CODE

PART I
ON THE GENERAL PART

TITLE V
ON PROOF

CHAPTER I
GENERAL PROVISIONS

Article 110
Absolute prohibition of evidence

1. Proof obtained through torture or duress in general or by offences against the physical or moral integrity of a person is absolutely prohibited.

2. Offensive to the physical or moral integrity of a person is any proof obtained, even with the consent of the person concerned, by :

(a) impairing the free will or the freedom of decision through mistreatment, bodily harm, the employment of methods of any nature, hypnosis or the use of cruel or misleading means ;
(b) impairing, by any means, the ability to recall or to reason ;
(c) the use of force in cases other than the ones, and beyond the limits, permitted by law ;
(d) threatening with a legally inadmissible measure, including refusing or restricting the a benefit contemplated in the law ;
(e) promising a legally inadmissible advantage.

Article 55
Rights of persons during an investigation
1. In respect of an investigation under this Statute, a person:
(b) Shall not be subjected to any form of coercion, duress or threat, to torture or to any other form of cruel, inhuman or degrading treatment or punishment