(Rights of those detained and imprisoned)
Any person deprived of their liberty must be informed at the time of their
imprisonment or detention of the respective reasons and their rights, namely:
a) To be shown the warrant for their imprisonment or detention issued by the
appropriate authority, under the terms of the law;
b) To be informed of the place where they will be taken;
c) To have their family and lawyer informed of their imprisonment or
detention and the place where they will be taken;
d) To choose a lawyer or counsel whom they trust to accompany police and
legal inquiries;
e) To consult a lawyer before making a statement;
f) To remain silent and not make a statement or to do so only in the presence
of a lawyer of their choice;
g) Not to make confessions and statements that incriminate them;
h) To be brought before an appropriate magistrate for confirmation or
otherwise of their imprisonment and to be tried within the legally
established limit of time or released;
i) To communicate in a language they understand or through an interpreter.
Article 64
(Deprivation of freedom )
1. Deprivation of freedom shall only be permitted in cases and under the
conditions determined by law.
2. The police or any other entity may only detain or make an arrest in cases
prescribed in the Constitution and in law, in flagrante delito or when in
possession of a warrant issued by the appropriate authority.
Article 65
(Application of criminal law)
1. Criminal liability shall be personal and non-transferable.
2. No-one shall be sentenced under criminal law unless the act or omission in
question is punishable under the terms of a pre-existing law, nor shall any
person be the object of a security measure unless the prerequisites are laid
down in a pre-existing law.
3. No sentence or security measure shall be applied unless it is expressly
sanctioned in a pre-existing law.
4. No-one shall be the object of a sentence or security measure that is more
severe than those provided for at the moment of the conduct in question or
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