VII
Article 67

[No one may be deprived of his liberty except as authorized by law.

VII
Article 67

Anyone arrested on suspicion of criminal conduct shall be brought before a judge without delay. If he is not released immediately, the judge shall, before the end of the day, decide with a reasoned ruling whether he shall be remanded in custody. Detention may only be applied for a charge that carries a heavier penalty than a fine or detention. The right of the person remanded in custody to appeal a ruling to a higher court shall be guaranteed by law. A person shall never be remanded in custody for longer than necessary, but if a judge deems it possible to release him on bail, the court shall decide who it should be.
Anyone who is deprived of his liberty for other reasons has the right to a court to rule on its legitimacy as soon as possible. If deprivation of liberty proves to be illegal, he shall be released immediately.

Part 2. Investigations.
Section XIII. Arrests.
Article 90
The police may arrest a person if there is a reasonable suspicion that he or she has committed an offence that may lead to an indictment, providing that arrest is necessary to prevent further offences, to ensure the person’s continued presence, to ensure his or her safety or to prevent him or her from destroying or interfering with the evidence.

Part 2. Investigations.
Section XIII. Arrests.
Article 93
When an arrest is made, the person who is arrested shall be informed of the reason for it.

When an arrest is made, steps shall be taken to avoid causing injury to the person who is arrested or causing him or her more discomfort than is necessary. Care shall also be taken, as far as possible, to avoid causing injury to oneself or other persons.

A person who has been arrested may be searched and items that he or she has on him or her may be taken away. Such items shall be returned to the person when the arrest period is over unless they have been seized under the first paragraph of Article 68.

[The minister]1) shall issue regulations 2) containing provisions on the placement of persons who have been arrested, including what matters are to be recorded in connection with it.
1)Act 162/2010, Art. 194. 2)Rg. 651/2009.

Article 94

Persons who have been arrested shall be brought before a court within 24 hours of being deprived of their freedom if they are not released before that time or recommitted to custody imposed on them . If weather, impassability of roads or other such circumstances prevent an arrested person from being brought before a court in accordance with the foregoing, then this shall be done at the first opportunity. The same shall apply if it is not possible to question an arrested person quickly after he or she has been deprived of his or her freedom because he or she is under the influence of alcohol or other intoxicants. At no time, however, may the time elapsing before persons are brought before a judge for this reason exceed 30 hours.

Section XIV. Custody and other comparable measures.
Article 95

An accused person may only be remanded in custody if a reasonable suspicion has arisen that he or she is guilty of conduct for which a term of imprisonment is prescribed, providing he or she has reached the age of 15 years. In addition, one of the following conditions must obtain:
a. that there is reason to believe that the accused would impede the investigation of the case, for example by obliterating evidence of the offence, disposing of items or exerting an influence on persons who are also guilty, or on witnesses,
b. that there is reason to believe that the accused would attempt to flee the country or hide, or by other means avoid prosecution or the execution of a punitive judgment,
c. that there is reason to believe that the accused would continue to commit offences until the conclusion of the case, or there is reason to suspect that he or she has, in substantial respects, violated conditions that were imposed on him or her in a suspended sentence,
d. that there is reason to believe that custody is necessary in order to protect other persons from attacks by the accused, or to protect the accused himself or herself from being attacked or influenced by other persons.
An accused person may also be remanded in custody even though the conditions of indents a-d of the first paragraph do not obtain if there is a strong suspicion that he or she has committed an offence for which 10 years’ imprisonment is prescribed in law, providing that the offence is of such a nature that it is reasonable to believe that custody is necessary in view of the public interest.

An accused person may not be remanded in custody if it is considered as being demonstrated that the offence of which he or she is accused will only result in fines or a suspended prison sentence according to the circumstances. Furthermore, to the extent possible, measures shall be taken to ensure that accused persons are not held in custody for longer than the time for which it is considered demonstrated that they will be sentenced to spend in prison.

An accused person may not be remanded in custody for more than twelve weeks unless an action has been brought against him or her or this is demanded by urgent considerations regarding an investigation (cf. indent a of the first paragraph).

Accused persons under the age of 18 may not be remanded in custody unless it may be regarded as certain that other measures referred to in the first paragraph of Article 100, or prescribed in the Child Protection Act, cannot be applied instead.