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Article 20: Liberty and the 48-Hour Rule

Chapter IICritical

Constitution Text

“Human liberty shall be inviolable. No one may be arbitrarily apprehended or detained. No one may be deprived of his liberty otherwise than on the grounds and according to the procedures established by law. A person apprehended in flagrante delicto must, within 48 hours, be brought before a court for the purpose of deciding, in the presence of this person, on the validity of the apprehension. If the court does not adopt a decision to detain the person, the apprehended person shall be released immediately.”

Summary

This article makes human liberty inviolable and prohibits arbitrary apprehension or detention. Liberty may be taken away only on grounds and by procedures set by law, and a person caught in the act of a crime must be brought before a court within 48 hours.

Key Points

  • •Human liberty is inviolable; arbitrary apprehension or detention is prohibited.
  • •Liberty may be taken away only on the grounds and by the procedures established by law.
  • •A person apprehended in flagrante delicto must be brought before a court within 48 hours.
  • •The court decides on the validity of the apprehension in the presence of the apprehended person.
  • •If the court does not order detention, the person must be released immediately.

Practical Example

If the police catch someone at the scene of a crime, they cannot hold that person indefinitely: within 48 hours the person must be brought before a judge, who decides whether to remand them in custody or release them.

Exam Tips

This is one of the most frequently tested numbers in the whole exam: 48 hours. Also remember that it is a court, not the police or a prosecutor, that decides whether the apprehension was justified.

Test Your Knowledge

Practice with questions about this article