PART ONE GENERAL PROVISIONS
CHAPTER I FUNDAMENTAL PRINCIPLES AND DEFINITIONS
Article 5
Right to Fair and Impartial Trial within a Reasonable Time
1. Any suspected or accused person shall be guaranteed a fair and impartial trial.
2. The court shall be bound to carry out proceedings without delay and to prevent any abuse of
the rights of the participants in proceedings.
3. Any deprivation of liberty and in particular detention on remand in criminal proceedings shall
be reduced to the shortest time possible.
4. Anyone who is deprived of liberty by arrest shall be promptly informed, in a language he
understands, of the reasons for the deprivation of liberty. Everyone who is deprived of liberty
without a court order shall be brought before a judge of the Basic Court in the jurisdiction of
arrest within forty-eight (48) hours. That judge shall decide on his detention in accordance with
Chapter X of this Code.

PART ONE GENERAL PROVISIONS
CHAPTER I FUNDAMENTAL PRINCIPLES AND DEFINITIONS
Article 12
Legality of Deprivation of Liberty and Expedited Proceedings
1. No one shall be deprived or restricted of his liberty, save in such cases and in accordance
with such proceedings as are prescribed by the law.
2. Any person deprived of his liberty by arrest or detention shall be entitled under the procedures
provided by this Code to challenge the lawfulness of his arrest or detention which shall be
decided speedily by a court and order his release if the detention is not lawful.

PART ONE GENERAL PROVISIONS
CHAPTER I FUNDAMENTAL PRINCIPLES AND DEFINITIONS
Article 13
Rights of Persons Deprived of Liberty
1. Any person deprived of liberty shall be informed promptly, in a language which he or she
understands, of:
1.1. the reasons for his or her arrest;
1.2. the right to legal assistance of his own choice; and
1.3. the right to notify or to have notified a family member or another appropriate person
of his choice about the arrest.
2. A person deprived of liberty under the suspicion of having committed a criminal offense shall
be brought before a judge promptly and at the latest within forty-eight (48) hours of the arrest
and shall be entitled to a trial within a reasonable time or to release pending trial.
3. A person deprived of liberty enjoys the rights provided for in this Article throughout the time
of the deprivation of liberty. These rights can only be waived if waiver is made in writing after
having been informed about his rights and voluntary manner. The exercise of these rights
depends neither on the possible previous decision of the person to waive certain rights, nor on
the time when he was notified about these rights.

PART TWO CRIMINAL PROCEEDINGS
CHAPTER X DEPRIVATION OF LIBERTY PRIOR TO INDICTMENT AND MEASURES TO ENSURE PRESENCE OF THE DEFENDANT
SUB – CHAPTER II DEPRIVATION OF LIBERTY PRIOR TO INDICTMENT
Article 161
Limits on Provisional Arrest and Police Detention
2. Any person whose liberty has been deprived through arrest under this Article shall be brought
without delay to a pretrial judge to rule on detention on remand. The delay shall not exceed
forty-eight (48) hours.

PART TWO CRIMINAL PROCEEDINGS
CHAPTER X DEPRIVATION OF LIBERTY PRIOR TO INDICTMENT AND MEASURES TO ENSURE PRESENCE OF THE DEFENDANT
SUB – CHAPTER II DEPRIVATION OF LIBERTY PRIOR TO INDICTMENT
Article 162
Arrest and Detention During Investigative Stage
1. When a state prosecutor has authorized an arrest, the police shall only arrest and detain a
person when:
1.1. there is a grounded suspicion that he has committed a criminal offense which is
prosecuted ex officio; and
1.2. there are articulable grounds to believe that:
1.2.1. there is a risk of flight,
1.2.2. that he will destroy, hide, change or forge evidence of a criminal offense or
specific circumstances indicate that he will obstruct the progress of the criminal
proceedings by influencing witnesses, injured parties or accomplices; or
1.2.3. the seriousness of the criminal offense, or the manner or circumstances
in which it was committed and his personal characteristics, past conduct, the
environment and conditions in which he lives or other personal circumstances
indicate a risk that he will repeat the criminal offense, complete an attempted
criminal offense or commit a criminal offense which he has threatened to commit.
2. The arrest and detention under this Article shall be authorized by the state prosecutor who
initiated the investigative stage or, when due to exigent circumstances such authorization cannot
be obtained prior to arrest, by the police who must inform the state prosecutor immediately after
the arrest.
3. A person arrested under this Article has the rights of a defendant.
4. Upon arrest, the arrested person shall be informed:
4.1. orally of the rights set forth in Article 166 of this Code; and
4.2. in writing of all the rights set forth in Article 165 of this Code and all the other rights
which he enjoys under this Code in a language that he understands.
5. As soon as possible after the arrest and no later than six (6) hours from the time of the
arrest, the state prosecutor shall issue to the arrested person a written decision on detention
which shall include the first and last name of the arrested person if known, or if not known, any
information to adequately identify the arrested person, the place, date, and exact time of the
arrest, the criminal offense of which he is suspected, and the legal basis for the arrest. Against
the decision on detention issued by the state prosecutor, the arrested person or his defense
counsel may file an appeal within six (6) hours from the receipt of the decision. The pretrial
judge shall rule on the appeal within twelve (12) hours from the receipt of the appeal.
6. Within thirty-six (36) hours of the arrest, the state prosecutor shall file with the pretrial judge
a request for detention on remand.
7. The request for detention on remand shall comply with Article 163 of this Code.
8. As soon as possible, but no later than within forty-eight (48) hours of arrest, the pretrial judge
shall hold a hearing to determine whether the defendant shall be held in detention on remand.
Pending the decision of the court, the defendant may be detained.
9. The arrested person shall be released if he is not brought before the court within forty-eight
(48) hours from the time of arrest.
10. The defendant shall be represented by defense counsel at the hearing on the request for
detention on remand. The defense counsel shall have access to review the case file for the
defendant in preparation for the hearing.
11. As soon as possible, but no later than forty-eight (48) hours after the hearing under paragraph
8. of this Article, the pretrial judge shall issue a decision determining whether the defendant
shall be subject to one of the measures under Article 171 of this Code.
12. The pretrial judge must consider whether lesser measures to ensure the presence of the
defendant in Article 171 of this Code may be ordered.
13. The decision of a pretrial judge to order detention on remand is appealable in accordance
with the provisions of Article 186 paragraph 3. of this Code.