PART THREE THE ASSEMBLY
CHAPTER II THE DEPUTIES
Article 73
2. A deputy cannot be arrested or deprive him of liberty in any form nor may a personal search or a search of the residence be exercised against him without the authorisation of the Assembly.
3. A deputy can be arrested or detained without authorisation when he is captured during or immediately after the commission of a crime. the General Prosecutor or Chief Special Prosecutor immediately notifies the Assembly, which, when it finds that there is no room for proceedings, orders the lifting of the measure .

TITLE V PRECAUTIONARY MEASURES
CHAPTER I PERSONAL PRECAUTIONARY MEASURES
SECTION II COERCIVE MEASURES
Article 236 Bail
1. When the precautionary measure of pre-trial detention or house arrest has been established because of an escape risk, the court may decide its replacement, ordering the release of the person, if a bail has been offered by the person himself or another person to guarantee that he/she will not escape until the conclusion of the proceedings.
2. The court shall accept the bail at the conditions set out in the above paragraph even if the precautionary measure of pre-trial detention or house arrest has to be imposed to the person due to the existence of a risk of escape, thus allowing him to be in free state.
3. The bail amount shall be determined by the court after hearing the opinion of the parties, based on the real securing needs, the personal and familiar conditions of the defendant, as well as on his/her financial situation.
4. When accepting the bail request, the court shall determine the amount to be deposited and the time within which the deposit should be done and, if deemed appropriate, it shall impose also one of the coercive measures provided for in letters “a”, “b” and “c” of Article 232 of this Code. The defendant shall be held under the precautionary measures of pre-trial detention or house arrest until the bail amount is deposited. The prosecutor shall be notified immediately on the depositing.
5. Immediately after the depositing notice and, in any case no later than 24 hours of the notification for the depositing of the bail amount, the prosecutor shall verify the relevant documentation, ordering as appropriate the immediate release of the defendant or confirming the precautionary measure of pre-trial detention or house arrest.
6. If the defendant infringes the bail conditions, the court shall order the confiscation of the amount deposited as bail and establish the precautionary measure of pre-trial detention.

Article 237 House arrest
1. By the decision of house arrest, the court shall order the defendant not to leave his/her residence or a certain location where he is domiciled, is being cured or taken care of.
2. When ordering this measure, the court establishes also the procedure for its execution and supervision,
3. The prosecutor and the judicial police shall supervise the observance of the orders issued to the defendant.
4. The duration of the house arrest shall be subject to the rules applicable to the precautionary detention in prison.
5. The period of stay under house arrest shall be calculated as part of the imposed sentence.

Article 238 Precautionary detention in prison
1. By a decision for the precautionary detention in prison, the court shall order the judicial police to get the defendant and immediately bring him to the precautionary detention premises to be held at the disposal of the proceeding authority.
2. The period of precautionary detention in prison shall be calculated as part of the imposed sentence.

Article 239 Temporary accommodation in a psychiatric institution
1. When the person who must be arrested is mentally ill and by this reason his capacity to understand or express his/her will is totally lost or diminished, the court, in lieu of the precautionary detention in prison, may order his/her temporary accommodation in a psychiatric institution, establishing the necessary measures to prevent his/her escape.
2. Hospitalisation may not continue when it results that the defendant is no longer mentally ill.
3. Provisions of paragraph 2, of Article 238 of this Code shall apply.

TITLE V PRECAUTIONARY MEASURES
CHAPTER II ISSUANCE AND ENFORCEMENT OF PRECAUTIONARY MEASURES
Article 245 Court decision
1. The decision establishing a precautionary measure shall contain, under penalty of invalidity:
the personal data of the person subject to the precautionary measure or anything else suitable to identify him and, where possible, indication of the place where he is;
b) a summary description of the facts, indicating the legal provisions considered as violated;
c) presentation of the specific reasons and data legitimating the precautionary measure;
ç) presentation of the reasons for not accepting defense claims and, in case any of the coercive precautionary measures referred to in Articles 237, 238 and 239 of this Code has been adopted, presentation of the reasons for deeming inadequate the other precautionary measures;
determination of the measure duration, when it has been ordered to ensure the collection or the securing of evidence;
d) dh) the date and signature of the presiding judge, those of the assisting secretary and the seal of the court.
2. Where the criminal offence has been committed by two or more persons, the court shall rule by the same decision, providing reasons for the conditions and criteria for each of them.

TITLE V PRECAUTIONARY MEASURES
CHAPTER II ISSUANCE AND ENFORCEMENT OF PRECAUTIONARY MEASURES
Article 246 Enforcement of the precautionary measures
1. The Police officer or agent entrusted with the execution of an arrest decision shall deliver copy of the relevant decision to the person subject to such measure and shall promptly inform him on the letter of rights, pursuant to paragraph 2, of Article 34/b of this Code. The judicial police shall keep minutes for all actions performed. Such minutes shall be then sent to the court which has issued the decision and to the prosecutor.
2. In case there is a doubt on the authenticity of the decision ordering the precautionary measure or the real identity of the person subject to such measure, the responsible judicial police officers and agents shall not execute it.
3. Decisions on other precautionary measures are notified to the defendant by the court.
4. After their notification or execution, decisions are filed with the secretary of the court, which has issued them. Defence lawyers are also notified on the filing.
5. A copy of the decision establishing an interdictive measure is sent to the authority that is competent to decide on the establishment of such a measure in the regular cases.
6. Every two months starting from the execution of an arrest decision, the prosecutor shall inform in writing the court establishing the precautionary measure on the conducted investigation activity and the security needs. The information shall contain data on the status of the proceedings, on the questioning of the defendant and other persons, a description of the information obtained and shall be accompaigned by copies of the file’s acts. If the prosecutor fails to provide information in due time, the court shall verify the security needs upon request of the defendant or ex officio. The court, after hearing the parties, decides to continue the application of, or to replace or revoke the precautionary measure. Provisions of Articles 248 and 249 of this Code shall apply.

TITLE V PRECAUTIONARY MEASURES
CHAPTER IIIARREST IN FLAGRANTE DELICTO AND DETENTION
Article 251 Arrest in flagrante delicto
1. Judicial police officers and agents shall arrest on a mandatory basis whoever is caught in flagrante delicto committing or attempting to commit a crime with intent, punishable by law by not less than five years’ imprisonment in the maximum term.
2. Judicial police officers and agents shall be entitled to arrest whomever is caught in flagrante delicto committing or attempting to commit a crime with intent, punishable by law not less than two years’ imprisonment as a maximum term or committing a criminal offence by negligence punishable by law not less than ten years’ imprisonment as a maximum term.
3. In case of necessity, due to the importance of the fact or danger posed by the offender, substantiated by a separate document, judicial police officers and agents shall be entitled to arrest anyone in flagrante delicto, even if the requirements under paragraph 2 are not met.
4. In the cases provided for under paragraph 1, any person is authorised to arrest in flagrante delicto for crimes subject to prosecution exofficio. The person who has carried out the arrest shall immediately deliver the arrested to the judicial police, who shall keep the delivery minutes and provide a copy thereof.

Article 252 State of flagrante delicto
1. A person shall be considered in a state of flagrante delicto when caught in the act of committing a criminal offence or who immediately after committing the offence is chased by the judicial police, the injured person or other persons or who is caught with items and evidence from which it is appears that he has committed the criminal offence.

Article 253 Detention of the suspect of a crime
1. When founded reasons exist to believe that there is a risk of escape, the prosecutor shall order the detention of the person suspected of having committed a crime, punishable by law by not less than four years’ imprisonment, in the maximum term.
2. The Judicial police shall perform the detention ex officio, in cases where, due to urgency reasons, it is not possible to wait for the prosecutor’s order

Article 254 Prohibition of arrest or detention under certain circumstances
1. No arrest or detention shall be allowed if according to the circumstances of the fact it appears that the action was carried out during the execution a duty or the exercise of a legitimate right or an impunity reason exists.

Article 255 Duties of the Judicial police in case of arrest or detention
1. The Judicial police officers and agents who performed the arrest or detention or had the arrested person delivered into their custody must promptly inform the prosecution office of the place where the arrest or detention was carried out. They shall immediately inform the arrested or detained person that he/she is not obliged to make statements and if he/she decides to speak, everything he/she might say, shall be used against him/her in trial. The judicial police officers and agents shall inform the detained or arrested person of the right to choose a defence lawyer and shall then promptly notify the retained lawyer or, as appropriate, the one appointed by the prosecutor. The date, hour and the name of judicial officer that carried out the arrest or detention shall be noted in the minutes.
2. The Judicial police officers and agents shall immediately place the arrested or detained person in the availability of the prosecutor, in the precautionary detention premises, as soon as possible, by sending the relevant minutes.
3. When the arrested or detained person is ill or a minor, the prosecutor may order that he is kept under custody at his/her house or in another surveilled place. If the letter of rights has not been provided to the arrested or detained person yet, he/she shall receive it immediately upon arrival at the pre-detention premises. If the arrested or detained person cannot read, one of the persons present shall read to him/her the letter of rights. This fact shall be recorded in the minutes and a signature shall be affixed.
4. Judicial police, with the consent of the arrested or detained person, shall promptly notify their family members. In cases When the arrested or detained person is a minor, the parent or legal guardian shall be notified, and the provisions of the code for minors shall apply .

Article 256 Questioning of the arrested or detained person
1. The prosecutor shall question the arrested or detained person in the presence of his/her retained or exofficio - appointed defense lawyer. He shall inform the arrested or detained person on the facts he is being prosecuted for and the reasons for his questioning, indicating any information against him/her and, when this does not compromise the investigations, also the sources [of such information].
2. The prosecutor shall firstly ask the arrested or detained person whether he/she has been provided with the letter of rights and shall ensure that they have understood their rights. When the arrested or detained person has not been provided with the letter of rights, the prosecutor shall provide them with it prior to their first questioning and shall explain their rights.
3. Statements made by the arrested or detained person prior to receiving their letter of rights or prior to meeting with their defense lawyer, cannot be used.

Article 257 Cases of immediate release of the arrested or detained person
1. When it clearly appears that the arrest or detention was performed because of a mistake concerning a person’s identity or in infringement of the law requirements or when the arrest or detention order have already lost their effect due to expiry of the time limit for the request of court validation, the prosecutor shall order, by reasoned decision, that the arrested or detained person be immediately released. In such cases, the release shall also be ordered by the judicial police officer, who immediately notifies the prosecutor of the place where the arrest or detention took place.