Title II: On fundamental rights, guarantees and duties
Chapter I: Fundamental rights
Section I: Civil and political rights

Article 40: Right to liberty and personal security
All people have a right to liberty and personal security. Accordingly:
1. No one may be sent to prison or denied his liberty without an order caused and written by the appropriate judge, except in cases of flagrante delicto;

Article 40: Right to liberty and personal security
All people have a right to liberty and personal security. Accordingly:

• Protection from unjustified restraint 1. No one may be sent to prison or denied his liberty without an order caused and written by the appropriate judge, except in cases of flagrante delicto;

2. Every authority that exercises measures to deprive liberty is obligated to identify himself.

3. All people, at the moment of their detention, shall be informed of their rights;

• Right to counsel 4. All detained people have the right to communicate immediately with their families, lawyer, or trusted people, who have the right to be informed of the location of the detained person and of the reasons for the detention;

• Protection from unjustified restraint 5. All people deprived of their liberty shall be submitted to the appropriate judicial authority within forty-eight hours of their detention or freed. The appropriate judicial authority shall notify the interested person, within the same time period, of the decision dictated to that effect.

6. All people deprived of their liberty without cause or without the legal formalities or outside of cases provided for by law, shall be immediately freed at his request or at that of any other person.

7. All people may be freed once the imposed penalty has been completed or an order for freedom has been given by the appropriate authority;

8. No one may be submitted to methods of coercion unless by his own making ;

9. The methods of coercion, restrictive of personal liberty, are of special character and their application should be proportional to the danger that they attempt to guard against;

• Rights of debtors 10. Physical constraint may not be established for debts that do not come from an infraction against the penal laws;

11. Every person that has a detained person under their guard is obligated to present him as soon as is required by the appropriate authority;

12. The transfer of any detained person from a prison to another location without an order written and caused by the appropriate authority is strictly prohibited;

14. No one is criminally responsible for that done by another;

• Principle of no punishment without law 15. No one can be obligated to do that which the law does not order nor kept from doing that which the law does not prohibit. The law is equal for all: it may only order that which is just and useful for the community and it may not prohibit more than what is harmful.

16. Punishments that deprive freedom and the means of security shall be oriented towards reeducation and social reinsertion of the condemned person and may not consist of forced work;

17. In the exercise of the sanctioning power established by law, the Public Administration may not impose sanctions that implicate the deprivation of liberty in a direct or subsidiary form.