“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.”
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.
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.
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.
Practice with questions about this article