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

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.

CRIMINAL PROCEDURE CODE

PART I
ON THE GENERAL PART

TITLE V
ON PROOF

CHAPTER I
GENERAL PROVISIONS

Article 110
Absolute prohibition of evidence

1. Proof obtained through torture or duress in general or by offences against the physical or moral integrity of a person is absolutely prohibited.

2. Offensive to the physical or moral integrity of a person is any proof obtained, even with the consent of the person concerned, by :

(a) impairing the free will or the freedom of decision through mistreatment, bodily harm, the employment of methods of any nature, hypnosis or the use of cruel or misleading means ;
(b) impairing, by any means, the ability to recall or to reason ;
(c) the use of force in cases other than the ones, and beyond the limits, permitted by law ;
(d) threatening with a legally inadmissible measure, including refusing or restricting the a benefit contemplated in the law ;
(e) promising a legally inadmissible advantage.

PART II
FUNDAMENTAL RIGHTS, DUTIES, LIBERTIES AND GUARANTEES

TITLE II
PERSONAL RIGHTS, FREEDOMS AND GUARANTEES

Section 30 (Right to personal freedom, security and integrity)

4. No one shall be subjected to torture and cruel, inhuman or degrading treatment.

PART II
FUNDAMENTAL RIGHTS, DUTIES, LIBERTIES AND GUARANTEES

TITLE II
PERSONAL RIGHTS, FREEDOMS AND GUARANTEES

Section 34 (Guarantees in criminal proceedings)

4. Evidence is of no effect if obtained by torture, coercion, infringement of the physical or moral integrity of the individual, or wrongful interference with private life, the home, correspondence or other forms of communication.