CHAPTER 2 Fundamental Human and Civil Rights and Freedoms
Article 39. Everyone is entitled to restore any rights which may have been violated, as well as to a public hearing by an independent and impartial court, under the equal protection of the law and fulfilling all the demands of justice, to clear himself or herself of any accusations. The presence of the news media and representatives of the public at a judicial hearing may be prohibited by law wholly or in part, for the purpose of safeguarding public morality, the social order, national security, the safety of the parties, and the interests of justice.
Article 40. Everyone is entitled to receive legal assistance. Legal assistance may be provided free of charge in cases prescribed for by law. Everyone is entitled to legal counsel from the moment he or she is arrested, detained, or charged. Every convicted person is entitled to have his or her conviction reviewed by a higher court, in a manner prescribed by law. Every convicted person is entitled to request a pardon or mitigation of any given punishment. Compensation for the harm caused to the wronged party shall be provided in a manner prescribed by law.
Article 41. A person accused of a crime shall be presumed innocent until proven guilty in a manner prescribed by law, and by a court sentence properly entered into force. The defendant does not have the burden to prove his or her innocence. Accusations not proven beyond a doubt shall be resolved in favor of the defendant.
Article 42. A person shall not be compelled to be a witness against himself or herself or against his or her spouse, or against a close relative. The law may foresee other circumstances relieving a person from the obligation to testify. Illegally obtained evidence shall not be used. A punishment may not exceed that which could have been met by the law in effect when the crime was committed. A person shall not be considered to be guilty for a crime if at the time of its commission the act was not legally considered a crime. Laws limiting or increasing liability shall not have retroactive effect.
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