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