General Part
SECOND SECTION
THE COURTS AND THE PARTIES TO CRIMINAL PROCEEDINGS
Chapter IX
THE DEFENCE
Article 90. The suspect
90.2. The prosecuting authority shall be empowered to detain a suspect for the following periods :
90.2.1. persons detained: no more than 48 hours ;
90.2.2. a suspect about whom a choice of restrictive measure has been made, excluding arrest, bail and house arrest: no more than 10 days after the announcement of the decision.
90.3. Before the end of the period provided for in Article 90.2. of this Code, the prosecuting authority shall release the suspect and end the restrictive measure or take a decision to charge him.
90.4. If there are not sufficient grounds for suspicion, the prosecuting authority or the court shall release the suspect and end the restrictive measure before expiry of the periods laid down in Article 90.2 of this Code.
90.5. From the time of release, ending of the restrictive measure or when the decision is taken to bring charges, the person concerned shall cease to be considered as the suspect.
90.6. The preliminary investigator, investigator or prosecutor in charge of the criminal prosecution shall guarantee the suspect's rights, and shall not prevent him from using all lawful means of exercising his defence rights.
90.7. From the outset of detention or the decision on the choice of restrictive measure, the suspect shall exercise the following rights in accordance with this Code :
90.7.1. to know what he is suspected of (the nature of the suspicion – factual description and legal classification of the offence of which he is accused) ;
90.7.2. to know the grounds for detention, if detained, to receive legal aid from the defence counsel from the outset of detention, and to receive written notification of his rights from the person who detained him or the preliminary investigator, investigator or prosecutor ;
90.7.3. to receive a copy of the decision on his detention or on the choice of restrictive measure ;
90.7.4. to take cognisance the record of detention immediately after it is drawn up and to make observations, which must be appended to the record ;
90.7.5. to have access to defence counsel from the time of the decision on detention or on the choice of restrictive measure ;
90.7.6. to inform his family, relatives, home or workplace (or place of study) immediately after he is detained, by telephone or other means ;
90.7.7. to choose his defence counsel independently, to dismiss him and to conduct his own defence if he waives the right to defence counsel ;
90.7.8. to have unlimited opportunity and time to meet his defence counsel in private and in confidence ;
90.7.9. to have the help of defence counsel free of charge and, at his own request, to make statements with his defence counsel present ;
90.7.10. to give statements, not to incriminate himself or his relatives and in general to refuse to give a statement ;
90.7.11. to give statements in his mother tongue or a language he knows ;
90.7.12. to have the help of an interpreter free of charge ;
90.7.13. to raise objections and to submit applications ;
90.7.14. to participate in investigative or other procedures or to refrain from participating in them unless this is prohibited by another article of this Code ;
90.7.15. to participate in investigative or other procedures conducted at his own request with the aid of his defence counsel ;
90.7.16. to present evidence and other materials for inclusion in the case file ;
90.7.17. to object to the acts of the prosecuting authority and to have such objection placed on the record of the investigative or other procedures ;
90.7.18. to acquaint himself with the record of the investigative and other procedures in which he participates, to make observations about the accuracy and completeness of the written record; to require the inclusion of the necessary circumstances in the record while taking part in investigative and other procedures ;
90.7.19. to be informed by the prosecuting authority of its decisions which affect his rights and legal interests and, on request, to receive copies of those decisions ;
90.7.20. to complain against decisions and acts of the preliminary investigator, investigator, prosecutor or court as well as to withdraw his own complaint and that of his defence counsel ;
90.7.21. to be reconciled with the victim ;
90.7.22. to be reimbursed for the costs incurred during the proceedings and to receive compensation for prejudice incurred as a result of unlawful acts by the prosecuting authority ;
90.7.23. to be acquitted if the suspicion is not confirmed ;
90.7.24. to exercise the other rights provided for in this Code.
90.8. If the suspect independently conducts his own defence, he shall exercise all the rights of defence counsel as provided for in this Code, as far as is possible in his position.
90.9. Whether the suspect exercises his rights or declines to do so, he shall not thereby suffer prejudice or detriment. Except where he intentionally names a person in the knowledge that he was unconnected with the offence, no liability shall accrue to the suspect on account of his statements and explanations.
EDIT.