Part I Fundamental rights and duties
Section II Rights, Freedoms, and Safeguards
Chapter I Personal Rights, Freedoms, and Safeguards
Article 32 Safeguards in Criminal Proceedings
1. Criminal proceedings shall ensure all necessary safeguards for the defence, including the right to appeal.
2. Every defendant shall be presumed innocent until his sentence has transited in rem judicatam, and shall be brought to trial as quickly as is compatible with the safeguards of the defence.
3. Defendants shall possess the right to choose counsel and to be assisted by him in relation to every procedural act. The law shall specify those cases and phases of proceedings in which the assistance of a lawyer shall be mandatory.
4. Preliminary investigations shall be conducted entirely under the responsibility of a judge, who may, subject to the terms of the law, delegate the practise of such investigative acts as do not directly concern fundamental rights to other persons or bodies.
5. Criminal proceedings shall posses an accusatorial structure, and trial hearings and such preliminary investigative acts as the law may require shall be subject to the principle of pleading and counter-pleading .
6. The law shall define the cases in which, subject to the safeguarding of the rights of the defence, the presence of the defendant or the accused at procedural acts, including trial hearings, may be dispensed with.
7. Victims shall possess the right to take part in proceedings, as laid down by law.
8. All evidence obtained by torture, coercion, infringement of personal physical or moral integrity, improper intromission into personal life, the home, correspondence or telecommunications shall be deemed null and void.
9. No case shall be withdrawn from a court that already had jurisdiction under an earlier law.
10. Defendants in proceedings concerning administrative offences or in any proceedings in which penalties may be imposed shall possess the right to be heard and to a defence.
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