'Rights during investigation - arbitrary arrest or detention and deprivation of liberty' in document 'Moldova - Constitution'

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RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

TITLE II
FUNDAMENTAL RIGHTS, FREEDOMS AND DUTIES

CHAPTER II
FUNDAMENTAL RIGHTS AND FREEDOMS

Article 25. Individual freedom and security of person

(1) Individual freedom and security of person shall be inviolable.

(2) Search, detainment in custody or arrest of a person shall be allowed only in cases and pursuant to the procedure foreseen by the law.

(3) The period of detention in custody may not exceed 72 hours.

(4) Arrest shall be made under a warrant issued by a judge for a period of 30 days at the most. The arrested person may lodge a complaint with a hierarchically superior court of law on the legality of the warrant, under the terms of law. The term of detention may be extended, under the law, only by the judge or court of law to 12 months at the most.

(5) The detained in custody or arrested person shall be informed without delay on the reasons of his/her detention or arrest, and notified of the charges against him/her, as soon as possible ; the notification of the charges shall be made only in the presence of a lawyer, either chosen by the defendant or appointed ex officio.

(6) The release of the detained or arrested person shall be mandatory, if the reasons of his/ her detention or arrest have been eliminated.

RELEVANT ROME STATUTE PROVISIONS

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