“A person shall be presumed innocent until proved guilty according to the procedure established by law and declared guilty by an effective court judgment. A person charged with committing a crime shall have the right to a public and fair hearing of his case by an independent and impartial court. It shall be prohibited to compel anyone to give evidence against himself, or his family members or close relatives. Punishment may be imposed or applied only on the grounds established by law. No one may be punished twice for the same offence. A person suspected of committing a crime, as well as the accused, shall be guaranteed, from the moment of his apprehension or first interrogation, the right to defence, as well as the right to an advocate.”
This article sets out the core guarantees of criminal procedure. A person is presumed innocent until proved guilty according to the procedure established by law and declared guilty by an effective court judgment. The accused has the right to a public and fair hearing by an independent and impartial court, and the right to defence and to an advocate.
If the police detain someone on suspicion of theft, that person can demand a lawyer from the very first interrogation, may refuse to testify against themselves or their spouse, and cannot be treated as guilty by officials or the media until a court judgment has become effective.
Typical questions ask when the right to defence begins (from apprehension or first interrogation), whether a person may be punished twice for the same offence (no), and against whom no one can be forced to testify (themselves, family members, close relatives).
Practice with questions about this article