IX. The Judiciary

Article 104
[Deprivation of liberty]
(1) Liberty of the person may be restricted only pursuant to a formal law and only in compliance with the procedures prescribed therein. Persons in custody may not be subjected to mental or physical mistreatment.

PART ONE
GENERAL PROVISIONS

CHAPTER IX
ARREST AND PROVISIONAL APPREHENSION

Section 115
[Examination by the Court]

(1) If the accused is apprehended on the basis of the warrant of arrest, he shall be brought before the competent court without delay.

PART ONE
GENERAL PROVISIONS

CHAPTER X
EXAMINATION OF THE ACCUSED

Section 135.
[Immediate Examination]

The accused shall be brought before the judge without delay and shall be examined by him. He shall not be kept in custody by virtue of the order for longer than the end of the day following the moment he was first brought before the court .

PART ONE
GENERAL PROVISIONS

CHAPTER X
EXAMINATION OF THE ACCUSED

Section 136a.
[Prohibited Methods of Examination]

(1) The accused’s freedom to make up his mind and to manifest his will shall not be impaired by ill-treatment, induced fatigue, physical interference, administration of drugs, torment, deception or hypnosis. Coercion may be used only as far as this is permitted by criminal procedure law. Threatening the accused with measures not permitted under its provisions or holding out the prospect of an advantage not envisaged by statute shall be prohibited.