Chapter Two – Fundamental Rights and Freedoms
Part Two: Fundamental Human Rights and Freedoms
Article 17
(1) Personal freedom is guaranteed.
(2) No one must be prosecuted or deprived of freedom other than for reasons and in a manner defined by law. No one must be deprived of freedom solely because of his inability to comply with a contractual obligation.
(3) A person accused or suspected of a criminal act can be detained only in cases defined by law. The detained person must be immediately informed of the reasons for the detainment, interrogated, and either released or brought before the court within 24 hours at the latest. The judge must question the detained within 24 hours of taking over the case and decide on his or her custody or release.
(4) An accused person may be arrested only on the basis of a written, substantiated court warrant. The arrested person must be brought before the court within 24 hours. The judge must question the arrested person within 24 hours of taking over the case and decide on his or her custody or release.
(5) A person can be taken into custody only for reasons and for a period defined by law and on the basis of a court ruling.
(6) The law will specify in which cases a person can be admitted to, or kept in, institutional health care without his or her consent. Such a measure must be reported within 24 hours to the court, which will then decide on this placement within five days.
(7) The mental state of a person accused of criminal activity can be examined only on the basis of the court’s written order.
EDIT.