Book 2: Investigation of Offences, Collection of Evidence and Initial Investigation
SECTION 5 - METHODS OR COMPULSION TO ATTEND
Chapter 5: Questioning of the Accused 123-129
Article 12336


A. The investigative judge or [judicial] investigator must question the accused within 24 hours of his presentation37, after proving his identity and informing him of the offence of which he is accused. His statements on this should be recorded, with a statement of evidence in his favour. The accused should be questioned again if necessary to establish the truth.


B. Before questioning the accused the investigative judge must inform the accused that:

i) he or she has the right to remain silent and no adverse inference may be drawn from the accused’s decision to exercise that right; ii) he or she has the right to be represented by an attorney, and if he or she is not able to afford representation, the court will provide an attorney at no expense to the accused;


C. The investigative judge or [judicial] investigator must determine whether the accused desires to be represented by an attorney before questioning the accused. If the accused desires an attorney, the investigative judge or [judicial] investigator shall not question the accused until he or she has retained an attorney or until an attorney has been appointed by the court.