Chapter 2 Fundamental Rights and Duties of Citizens
Article 29
(1. ) No one shall be subjected to torture or to cruel, inhuman or degrading treatment, or to forcible assimilation.
Chapter 2 Crime
Article 12a
(New, SG No. 62/1997)
(1) It shall not be considered dangerous to society if damages are inflicted on a person who has committed a crime, where this occurs in the course of detention of such person for his/her delivery to the authorities and for prevention of opportunities for committing another crime, provided there is no other way to detain such person and provided the necessary lawful measures have not been exceeded.
(2) The necessary lawful measures for detention of a person who has committed a crime shall be considered exceeded in the case of obvious discrepancy between the nature and the degree of public danger of the crime committed by the person detained, and the circumstances of detention, as well as where obviously excessive damages are inflicted on the person without necessity. In such cases penal responsibility shall be sought only in the event of deliberately inflicted damages.
Chapter 8 Crimes against Activities of State Bodies and Public Organisations and Persons Performing Public Functions
Section 3 Crimes against Justice
Article 287
(Amended, SG No. 26/2004, SG No. 75/2006)
An official who, in the course or on the occasion of discharging his service, acting alone or through another, takes unlawful coercive action in respect of an indicted individual, a witness or an expert witness, in order to extort confession, testimony, a conclusion or information therefrom, shall be punished by imprisonment from three to ten and by withdrawal of rights under Article 37, paragraph 1, sub-paragraphs 6 and 7.
Part 2 Evidencing
Chapter 17 Investigation
Section 1 Institution of Pre-trial procedure and Conduction of Investigation
Article 222
Under assessment of the body of the pre-trial procedure, the interrogation shall be performed before a judge of the respective court of first instance or of the court of first instance in the district of which the action is performed, with the participation of a defender if there is such.
For the interrogation under Para. 1, the respective body shall provide the appearance of the defendant and his/her defender.
As far as special rules are not established, the interrogation under Para. 1 shall be performed following the rules of the court investigation.
1. In respect of an investigation under this Statute, a person:
(b) Shall not be subjected to any form of coercion, duress or threat, to torture or to any other form of cruel, inhuman or degrading treatment or punishment;