Section 12. (1) Any person under investigation of the
commission of an offense shall have the right to be
informed of his right to remain silent and to have a
competent and independent counsel preferably of
his own choice. If the person cannot afford the
services of counsel, he must be provided with one.
These rights cannot be waived except in writing and
in the presence of counsel.
(2) No torture, force, violence, threat, intimidation
and any other means which vitiates the free will shall
be used against him. Secret detention places,
solitary, incommunicado, or other similar forms of
detention are prohibited.
(3) Any confession or admission obtained in
violation of this or section 17 shall be inadmissible
in evidence against him.
(4) The law shall provide penal and civil sanction for
the violations of this section as well as
compensation to and rehabilitation of victims of
torture or similar practices, and their families.
1.What rights are made available to a personunder investigation?
2.What is the reason for making the ruleapplicable to investigations?
3.When did these guarantees in favor of a personunder investigation take effect?
4.What is the immediate jurisprudential antecedentof this provision?
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- Fall '16
- Miranda v. Arizona, of counsel, custodial investigation
