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 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.
1. In the determination of any charge, the accused shall be entitled to a public hearing, having regard to the provisions of this Statute, to a fair hearing conducted impartially, and to the following minimum guarantees, in full equality:
(c) To be tried without undue delay;