Legislative part

I.-The criminal procedure must be fair and adversarial and preserve the balance of the rights of the parties.

It must guarantee the separation of the authorities responsible for public action and the trial authorities.

Persons in similar circumstances and prosecuted for the same offences must be tried according to the same rules.

II.-The judicial authority shall ensure that victims are informed and guaranteed their rights during any criminal proceedings.

III.-Any person suspected or prosecuted is presumed innocent as long as his culpability for the offence has not been established.The judicial authority shall ensure that victims' rights are informed and guaranteed during all criminal proceedings.

III.-Any person suspected or prosecuted shall be presumed innocent until proven guilty. Violations of their presumption of innocence shall be prevented, remedied and punished as provided by law.

They shall have the right to be informed of the charges against them and to be assisted by defence counsel.

If the suspected or accused person does not understand the French language, he or she has the right, in a language he or she understands and until the end of the proceedings, to the assistance of an interpreter, including for interviews with his or her lawyer directly related to any questioning or hearing, and, unless he or she expressly and knowingly waives this right, to the translation of documents essential to the exercise of his or her defence and to guaranteeing the fairness of the trial which must, as such, be given to or notified to him or her pursuant to this code.

The measures of restraint to which the suspected or accused person may be subject shall be taken by decision of or under the effective control of the judicial authority. They must be strictly limited to the requirements of the proceedings, proportionate to the seriousness of the offence charged and not prejudice the dignity of the person.

A final decision on the charge against that person must be taken within a reasonable time.

In the course of criminal proceedings, measures affecting a person's privacy may be taken, by decision of or under the effective supervision of the judicial authority, only if they are, in the light of the circumstances of the case, necessary to establish the truth and proportionate to the seriousness of the offence.

A convicted person has the right to have his conviction reviewed by another court.

In criminal and correctional matters, no conviction may be handed down against a person solely on the basis of statements he or she has made without having been able to speak to and be assisted by a lawyer.

In matters of felony or misdemeanour, the right to remain silent about the acts of which he or she is accused shall be notified to any suspected or accused person before any observations are taken and before any questioning, including to obtain information about his or her personality or to pronounce a security measure, when he or she is first brought before an investigation service, a magistrate, a court or any person or service mandated by the judicial authority. No conviction may be handed down solely on the basis of statements made without the said right having been notified.

Respect for professional secrecy of defence and counsel, as provided for in article 66-5 of law no. 71-1130 of 31 December 1971 reforming certain judicial and legal professions, is guaranteed during criminal proceedings under the conditions provided for by this code.