Venezuela, Bolivarian Republic of
Title III
Duties, Human Rights and Guarantees
Chapter II
Nationality and Citizenship
Section Two: Citizenship
Article 49: All judicial and administrative actions shall be subject to due process, therefore:
(1) Legal assistance and defense are inviolable rights at all stages and levels during the investigation and proceeding. Every person has the right to be notified of the charges for which he or she is being investigated, to have access to the evidence and to be afforded the necessary time and means to conduct his or her defense. Any evidence obtained in violation of due process shall be null and void. Any person declared guilty shall have the right to appeal, except in the cases established by this Constitution and by the law.
(2) Any person shall be presumed innocent until proven otherwise.
(3) Every person has the right to be heard in proceedings of any kind, with all due guarantees and within such reasonable time limit as may be legally detained, by a competent, independent and impartial court established in advance. Anyone who does not speak Spanish or is unable to
communicate verbally is entitled to an interpreter.
(4) Every person has the right to be judged by his or her natural judges of ordinary or special competence, with the guarantees established in this Constitution and by law. No person shall be put on trial without knowing the identity of the party judging him or her, nor be adjudged by exceptional courts or commissions created for such purpose.
(5) No person shall be required to confess guilt or testify against himself or herself or his or her spouse or partner, or any other relative within the fourth degree of consanguinity or the second degree of affinity.
(6) A confession shall be valid only if given without coercion of any kind.
(7) No person shall be punished for acts or omissions not defined under preexisting laws as a crime, offense or infraction.
(8) No person shall be placed on trial based on the same facts for which such person has been judged previously.
(9) Every person shall request from the State the restoration or remediation of a legal situation adversely affected by unwarranted judicial errors, and unjustified delay or omissions. The foregoing is without prejudice to the right of the individual to seek to hold the magistrate or judge personally liable, and that of the State to take action against the same.
EDIT.