CONSTITUTION

Article 77.- In all criminal proceedings in which a person has been deprived of liberty, the
following basic guarantees shall be observed:

1. Deprivation of liberty shall not be the general rule and shall be applied to guarantee the
appearance of the accused or defendant to the process, the right of the crime victim to
prompt, timely, and undelayed justice, and to ensure the sentence is served. It shall be
carried out by written order from a competent judge in the cases, for the time, and with the
formalities provided by law. In the case of flagrant crimes, however, the person may not be
detained without trial for more than twenty-four hours. Non-custodial measures shall be
applied in accordance with the cases, terms, conditions, and requirements provided by
law.

2. No person may be admitted to a detention centre without a written order issued by a

competent judge, except in the case of flagrant crimes. Persons prosecuted or accused in
criminal proceedings who are deprived of liberty shall remain in legally established
provisional detention centres.

3. Every person, at the time of arrest, shall have the right to know clearly and in simple
language the reasons for their being detained, the identity of the judge or authority that so
ordered, the identity of those who carry out the order, and that of the persons responsible
for the respective interrogation.

4. At the time of the arrest, the law enforcement officer shall inform the detained person of
his right to remain silent, to request the assistance of a lawyer or, in the event that they
cannot appoint one themselves, a public defender, and to communicate with a family
member or any person they indicate.
5. If the arrested person is a foreigner, the person carrying out the arrest shall immediately
inform the consular representative of their country.

6. No one may be held incommunicado.

7. The right of every person to defence includes:

a) Being informed —in advance and in detail, in their own language, and in plain words—
of the actions and procedures brought against them, and of the identity of the authority
responsible for the action or procedure
b) The right to remain silent
c) No one may be forced to testify against themselves on matters that may give rise to
their criminal responsibility.
8. No one may be called to testify in criminal proceedings against their spouse, partner, or
relatives up to the fourth degree of consanguinity or second degree of affinity, except in
the case of domestic, sexual, and gender violence. Voluntary statements by the victims of
a crime or their relatives, regardless of the degree of kinship, shall be admissible. These
people may file and pursue the corresponding criminal action.

9. Under the responsibility of the judge who hears the proceedings, preventive detention
may not exceed six months in cases of crimes punishable by imprisonment or one year in
cases of crimes punishable by commitment. If these terms are exceeded, the preventive
detention order shall be null and void.

The preventive detention order shall remain in force and the passage of the preventive
detention term shall be suspended ipso jure if, by any means, the person being prosecuted
has evaded, delayed, avoided, or prevented his trial through acts aimed at causing its
expiration. If the delay occurs during the proceeding or produces its expiration, be this due
to actions or omissions on the part of judges, prosecutors, the public defender, experts, or
officials of auxiliary bodies, such individuals shall be considered to have incurred in the
most serious gross negligence or wilful misconduct and must be penalised in accordance
with the law.

10. With no exception whatsoever, once an order of dismissal or an acquittal is handed

down, the detained person shall immediately regain his freedom, even if any enquiry or
appeal is pending.

11. The judge shall apply alternative precautionary measures to the deprivation of liberty
provided for in the law. The alternative penalties shall be applied in accordance with the
cases, terms, conditions, and requirements provided by law.

12. Persons found guilty and punished with sentences of deprivation of liberty owing to a
final conviction shall remain in social rehabilitation centres. No person convicted of
common crimes shall serve their sentence outside the state’s social rehabilitation centres,
except in cases of alternative sentences and probation, pursuant to the law.

13. For juvenile offenders, a system of socio-educational measures proportionate to the

attributed offense shall be imposed. The state shall determine custodial and non-custodial
penalties by law. The deprivation of liberty shall be provided as a last resort for the
minimum necessary period and shall be carried out in establishments other than those for
adults.

14. When resolving a challenge to a punishment, the situation of the person making the
appeal cannot be worsened.
Whosoever has detained a person in violation of these rules shall be punished. The law
shall establish criminal and administrative penalties for arbitrary detention resulting from
the excessive use of police force, in the abusive application or interpretation of
misdemeanours or other regulations, or for discriminatory reasons.

The provisions of the law shall apply in cases of disciplinary arrests of members of the
Armed Forces and the National Police.

Article 78.- Victims of criminal offenses shall enjoy special protection; they shall be
guaranteed not to be re-victimized, particularly in the collection and evaluation of evidence,
and they shall be protected from any threat or other forms of intimidation. Mechanisms shall
be adopted for a comprehensive reparation that shall include, without delay, the hearing of
the truth of the facts and the restitution, compensation, rehabilitation, guarantee of non-
repetition, and satisfaction of the violated right.

A system of protection and assistance for victims, witnesses, and procedural participants
shall be established.