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Page 46
Germany 1949 (rev. 2012)
Article 102: [Abolition of capital punishment]
•
Prohibition of capital punishment
Capital punishment is abolished.
Article 103: [Fair trial]
1.
In the courts every person shall be entitled to a hearing in accordance with law.
•
Guarantee of due process
2.
An act may be punished only if it was defined by
a law as a criminal offence
before the act was committed.
•
Protection from ex post facto laws
•
Principle of no punishment without law
3.
No person may be punished for the same act more
than once under the general
criminal laws.
•
Prohibition of double jeopardy
Article 104: [Deprivation of liberty]
•
Protection from unjustified restraint
1.
Liberty of the person may be restricted only pursuant
to a formal law and only in
compliance with the procedures prescribed therein. Persons in custody may not
be subjected to mental or physical mistreatment.
•
Prohibition of corporal punishment
•
Prohibition
of cruel treatment
•
Prohibition of torture
2.
Only a judge may rule upon the permissibility or continuation of any deprivation
of liberty. If such a deprivation is
not based on a judicial order, a judicial decision
shall be obtained without delay. The police may hold no one in custody on their
own authority beyond the end of the day following the arrest.
Details shall be
regulated by a law.
3.
Any person provisionally detained on suspicion of having committed a criminal
offence shall be brought before a judge no later than the day following his arrest;
the judge shall inform him
of the reasons for the arrest, examine him, and give
him an opportunity to raise objections.
The judge shall, without delay, either
issue a written arrest warrant setting forth the reasons
therefor or order his
release.
4.
A relative or a person enjoying the confidence of the person in custody shall be
notified without delay of any judicial decision imposing or continuing a
deprivation of liberty.
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