Part II First Instance
Chapter I Inquiry and Investigation
Article 204
(1) When a public prosecutor has arrested a suspect through an arrest warrant or has received a suspect who was arrested upon an arrest warrant (excluding such suspect as is referred in accordance with the preceding Article), prosecutor must immediately inform the suspect of the outline of the suspected crime and the fact that the suspect may appoint defense counsel and then, giving the suspect an opportunity for explanation, said prosecutor must immediately release the suspect when believing that it is not necessary to detain the suspect, or must request a judge to detain the suspect within 48 hours of the suspect being placed under physical restraint when believing that it is necessary to detain the suspect; provided however, that if the public prosecutor has instituted prosecution during the time limitation, said prosecutor does not be required to request detention.
CHAPTER III
RIGHTS AND DUTIES OF THE PEOPLE
Article 33.
No person shall be apprehended except upon warrant issued by a competent judicial officer which specifies the offense with which the person is charged, unless he is apprehended, the offense being committed.
CHAPTER III
RIGHTS AND DUTIES OF THE PEOPLE
Article 34.
No person shall be arrested or detained without being at once informed of the charges against him or without the immediate privilege of counsel; nor shall he be detained without adequate cause; and upon demand of any person such cause must be immediately shown in open court in his presence and the presence of his counsel.
1. In respect of an investigation under this Statute, a person:
(d) Shall not be subjected to arbitrary arrest or detention, and shall not be deprived of his or her liberty except on such grounds and in accordance with such procedures as are established in this Statute.