Section II
INSTITUTING CRIMINAL PROCEEDINGS, INQUIRY, AND PRE-TRIAL INVESTIGATION
Chapter 10
INQUIRY
Article 106. Apprehension of the suspect by inquiry agency
Inquiry agency within seventy two hours after apprehension:
1) releases the apprehended person – if suspicion of having committed a crime has not been confirmed, time-limit established by law expired or apprehension was conducted contrary to the first and second paragraphs of the present Article;
2) releases the apprehended person and impose on him/her a measure of restraint other than custody;
3) brings the apprehended person to judge and requests the latter to impose a measure of restraint in the form of custody.
In case of challenging apprehension before court, the apprehended person’s complaint is immediately sent to court by the head of the place of custody pending trial. The judge considers such complaint concurrently with inquiry agency’s request to impose a measure of restraint. If complaint was filed after the measure of restraint has been imposed, it is considered by judge within three days after its receipt. If the request was not received or when the complaint was received after expiration of seventy two hours after the apprehension, the judge considers the complaint within five days from its receipt.
The complaint is considered in compliance with requirements set forth in Article 165-2 of the present Code. Following consideration of the complaint, the judge takes decisions on the legality of apprehension or satisfies the complaint and finds apprehension illegal. A copy of such decision is sent to the prosecutor, inquiry agency, the apprehended person, and the head of the place of custody pending trial.
Fair trial standards
Rights during investigation - arbitrary arrest or detention and deprivation of liberty
EDIT.