TITLE ONE
CHAPTER I
Fundamental rights
Article 20
B. Defendant’s rights
III. Every arrested person has the right to be informed of the grounds of arrest and of his rights at the moment of his arrest and while appearing before the Public Prosecution Service or a judge. In the case of organized crimes, the judicial authority can authorize to keep the accuser’s name in secret.
''TITLE ONE, CHAPTER I: Human Rights and Guarantees, Article 16''
(..) Only judicial authority can issue an arrest warrant. Such arrest warrant shall always
be preceded by a formal accusation or charge of misconduct considered as criminal
offence, punishable with imprisonment, provided that there is evidence to prove that
a crime has been committed and that the defendant is criminally liable.
''TITLE ONE, CHAPTER I: Human Rights and Guarantees, Article 16''
The Public Prosecution Service may order arrest of the accused, explaining the
causes of such decision, only under the following circumstances all together: a) in
urgent cases, b) when dealing with serious offence, c) under reasonable risk that the
accused could evade the justice and, d) because of the time, place or circumstance,
accused cannot be brought before judicial authority.
''TITLE ONE, CHAPTER I: Human Rights and Guarantees, Article 19''
Detentions before a judicial authority in excess of 72 hours, counted from the
moment the accused is presented to the authority, are prohibited without presenting
formal charges indicating the crime, place, time and circumstances of such crime; as
well as the evidence of the crime and of the probable liability of the accused.
''TITLE ONE, CHAPTER I: Human Rights and Guarantees, Article 20''
B. Defendant's rights
III. Every arrested person has the right to be informed of the grounds of
arrest and of his rights at the moment of his arrest and while appearing
before the Public Prosecution Service or a judge. In the case of
organized crimes, the judicial authority can authorize to keep the
accuser’s name in secret.
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:
(a) To be informed promptly and in detail of the nature, cause and content of the charge, in a language which the accused fully understands and speaks;