Rights of the Accused and Detention Periods in Criminal Proceedings

Presumption of innocence and the right of defence

A person is presumed innocent until a conviction becomes final. The nature and grounds of the accusation must be explained promptly in a language the person understands. Adequate time and facilities to prepare a defence, access to a lawyer, the ability to examine witnesses and free interpretation where necessary are core fair-trial safeguards.

Article 16(5) of the Constitution guarantees that an arrested or detained person may immediately obtain the services of a lawyer chosen by that person or their relatives. The right to remain silent, protection against self-incrimination and confidential consultation with a lawyer are essential to an effective defence.

The first 24 hours after arrest

Apart from the time reasonably required for travel to the nearest court, an arrested or detained person must be brought before a judge within 24 hours. Any continuing restriction of liberty must rest on judicial supervision.

Constitutional time limits

The judge must immediately examine the grounds for arrest. Within no more than three days from the first appearance, the person must either be released on appropriate conditions or, if the investigation is incomplete, further detention may be ordered. Each extension may not exceed eight days.

Under Article 16(7), the total period of arrest or detention may not exceed three months from the date of arrest. This outer limit does not authorise three months automatically; every extension requires its own reasons and judicial assessment.

Investigative detention

A police request for additional time is not granted automatically. The court considers reasonable suspicion, the specific investigative steps still outstanding, the risk of interference and whether the requested period is necessary and proportionate.

Investigative detention and detention pending trial are distinct stages. Once the investigation is complete, release, bail or remand pending trial is assessed under separate criteria. Because the Criminal Procedure Law was amended in 2026, the current text must be checked in each case.

Practical steps

• Ask clearly why you have been arrested and what offence is alleged.
• Request to speak to a lawyer as soon as possible.
• Do not sign a statement or document before reading and understanding it.
• Have any medical need, injury or allegation of ill-treatment recorded immediately.
• Comply fully with bail conditions and court orders.