CRIMINAL PROCEDURE CODE
PART I
ON THE GENERAL PART
TITLE III
ON PROCEDURAL PARTICIPANTS
CHAPTER VI
ON SUSPECTS, DEFENDANTS AND CONVICTS
Article 62
General rules for questioning
1. Even if the defendant is under arrest or detention, he or she shall be released during questioning, exception being made to the strictly necessary precautionary measures to avoid the danger of escape or the practice of any acts of violence ;
2. Methods and techniques, which might restrict or impair the freedom of will or of decision, or the ability to recall and reason, shall not be employed, even with the consent of the defendant.
3. Questioning starts with the reading and explanation of the rights and duties of the defendant, with the express warning that failure to comply with paragraph 61(a) may cause him or her to incur criminal liability.
4. The defendant is subsequently informed, in a clear and precise fashion, of the acts being imputed to him or her and, where this might not impact negatively the investigation, of the evidence against him or her; questioning shall then be conducted, should the defendant wish to make any statements, the latter being advised that silence shall not be detrimental to him or her.
Article 63
Persons to conduct and attend the first questioning of the defendant under arrest
1. The police authority who arrests a person in flagrante delicto must present that person for the first judicial questioning as soon as possible, but under no circumstances shall they do so after seventy two hours from the arrest.
2. The judge has exclusive competence to conduct the first questioning after the defendant has been arrested, this questioning aiming, above all, to apply the adversarial principle in relation to the prerequisites for the arrest and the conditions for the execution thereof.
3. The questioning is attended by the person conducting it, the public prosecutor, the defender, the interpreter and the official tasked with taking precautionary security measures, when required, in addition to the official entrusted with putting the statements to writing.
Article 64
Further questioning
1. Any further questioning is undertaken by the entity with competence to conduct the procedural phase in which it occurs, or by a person with delegated competence to undertake it.
2. Questioning at the trial hearing shall be in compliance with article 62, in addition to specific provisions on trial hearings.
Article 65
Status of convict
1. The status of convict is assumed by any person against whom a final convicting decision has been pronounced by a court.
2. A convict enjoys the same rights and is subject to the same duties as those of a defendant, except to the extent that they are inconsistent with the fact that he or she has been definitively convicted.
EDIT.