CRIMINAL PROCEDURE CODE

PART I
ON THE GENERAL PART

TITLE III
ON PROCEDURAL PARTICIPANTS

CHAPTER VI
ON SUSPECTS, DEFENDANTS AND CONVICTS

Article 60
Rights of the defendant

In addition to other rights enshrined in the law, the defendant enjoys the following rights :

(a) when under arrest, to be presented to the judge for the first questioning within seventy two hours from the arrest ;

CRIMINAL PROCEDURE CODE

PART I
ON THE GENERAL PART

TITLE III
ON PROCEDURAL PARTICIPANTS

CHAPTER VI
ON SUSPECTS, DEFENDANTS AND CONVICTS

Article 63
Persons to conduct and attend the first questioning of the defendant under arrest

1. The police authority who arrests a person in flagrante delicto must present that person for the first judicial questioning as soon as possible, but under no circumstances shall they do so after seventy two hours from the arrest.

CRIMINAL PROCEDURE CODE

PART I
ON THE GENERAL PART

TITLE VI
ON RESTRICTIVE AND PROPERTY-GUARANTEE MEASURES

CHAPTER II
RESTRICTIVE MEASURES

SECTION I
APPLICABLE MEASURES AND RESPECTIVE RULES

Article 195
Duration of pre-trial detention and other measures

1. Pre-trial detention may not exceed, from its beginning:

(a) one year without the presentation of an indictment ;
(b) two years without a first-instance conviction ;
(c) three years without a final conviction except that an appeal is filed over constitutionality matters, in which case the time limit is extended to three and a half years.

2. The abovementioned time limits are also increased by six months where the case proves to be exceptionally complex, and a substantiated order in this respect shall be issued by the judge.

3. Once the time limits mentioned in the previous sub-articles have elapsed, the defendant must be released immediately, except where the defendant is due to remain in prison on account of another case.

4. The restrictive measures provided in articles 192 and 193 shall lapse where, from the beginning of their execution, the time limits referred to in sub-article 195.1, increased twice as much, have expired.

CRIMINAL PROCEDURE CODE

PART I
ON THE GENERAL PART

TITLE VI
ON RESTRICTIVE AND PROPERTY-GUARANTEE MEASURES

CHAPTER II
RESTRICTIVE MEASURES

SECTION II
REFUTING IMPOSED RESTRICTIVE MEASURES

Article 205
Habeas corpus

1. Any person who finds himself or herself under unlawful arrest or detention may, directly or through any other person fully exercising his or her political rights, request the Supreme Court of Justice to grant him or her a writ of habeas corpus.

2. In order for the arrest or detention of a person to be considered unlawful, it must be based on one of the following facts :

(a) be carried out or ordered by an entity not having the competence to do so ;
(b) be motivated by a fact in which regard arrest or detention is not permitted by law ;
(c) expiry of the time limits for the duration thereof, namely the seventy-two-hour deadline for the presentation of the person under arrest or detention for his or her first judicial questioning ;
(d) the person is kept on premises other than the ones permitted by law.

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