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Reform of police custody

Last Updated on Wednesday, 01 June 2011 05:54 Written by Administrator Wednesday, 01 June 2011 05:48

The main sections of the Act

• Article 1: Prohibition to base a conviction solely on the basis of statements made without counsel;
• Article 2: limitation of the scope and reasons for placement in custody, and control of the custody and its possible extension;
• Article 3: Procedure placement in custody, length of custody, and notification of rights to the person in custody;
• Article 4: the right of the person placed in custody to prevent third parties to the extent it is subject;
• Article 5: right person in custody to be examined by a doctor;
• Article 6: right person in custody with the assistance of counsel, and resolving conflicts of interest and need for a hearing of multiple implicated;
• Article 7: provided with counsel and confidentiality;
• Article 8: opportunity for counsel to consult certain documents of the proceedings and to attend hearings of the person taken into custody;
• Article 9: the right of victims to be assisted by counsel if confronted with the detainee;
• Article 10: respect for the dignity of the detainee;
• Article 11: supervision of security measures and searches can be imposed on persons in custody, and designation of prosecutor jurisdiction to review actions of police custody;
• Article 12: mandatory information contained in the record established by the judicial police officer;
• Article 13: Territorial jurisdiction of police officers;
• Article 14: Conditions of examination of witnesses;
• Article 15: an opportunity to hear a person outside the context of custody;
• Article 16: deferral of the intervention of the lawyer in police custody in organized crime and the possibility of restricting the freedom of choice of counsel with regard to terrorism;
• Article 17: Human Rights in cases to refer following a custody;
• Article 18: Coordination in the Criminal Procedure Code, and enforcement of the new custody as part of the preliminary investigation and the execution of letters rogatory;
• Article 19: harmonization of customs regime of restraint with the new regime of custody;
• Article 20: Conditions for retaining a person found drunk in a public place;
• Article 21: custody of minors;
• Article 22: manner of execution of a warrant or an arrest warrant when the person is arrested more than 200 kilometers from the issuing judge and manner of execution of a request for arrest under of international legal assistance;
• Article 23: Legal aid.