'Rights during investigation - informed of belief that crime has been committed' in document 'Namibia - Criminal Procedure Act'

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RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

CHAPTER 5
QUESTIONING OF CERTAIN PERSONS IN CONNECTION WITH CRIME, ASCERTAINMENT OF BODILY FEATURES OF ACCUSED AND VICTIM IMPACT STATEMENT

Power and duty of police to question certain persons in connection with crime, and warning explanations to be given in respect thereof

37. (2) A member of the police conducting an investigation under subsection (1) must, before questioning a person reasonably suspected of having committed an offence, give a warning explanation substantially in the following form to that person :

(d) that the person to be questioned is a suspect in respect of the offence under investigation and, where applicable, that the member of the police is in possession of evidence under oath indicating that that person has committed the offence ;

CHAPTER 7
ARREST

Manner and effect of arrest

41. (2) The person effecting an arrest must, at the time of effecting the arrest or immediately thereafter, inform the arrested person of the cause of the arrest or, in the case of an arrest effected by virtue of a warrant, on demand of the person arrested, hand that person a copy of the warrant.

CHAPTER 7
ARREST

Procedure after arrest

52. (2) (b) A person who is detained in custody as contemplated in paragraph (a) must, as soon as reasonably practicable, be informed of his or her right to institute bail proceedings.

RELEVANT ROME STATUTE PROVISIONS

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