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 :

(b) to be informed of the acts being imputed to him or her and of the rights to which he or she is entitled, whenever asked to make statements ;

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

4. The defendant is subsequently informed, in a clear and precise fashion, of the acts being imputed to him or her and, where this might not impact negatively the investigation, of the evidence against him or her ; questioning shall then be conducted, should the defendant wish to make any statements, the latter being advised that silence shall not be detrimental to him or her.

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
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:
(a) To be informed, prior to being questioned, that there are grounds to believe that he or she has committed a crime within the jurisdiction of the Court