FUNDAMENTAL RIGHTS Rights of the alleged offender in criminal case The alleged offender has 2 conditions which are the alleged offender condition who is Alleged to have committed an offense but not yet been charged in Court, and another is the Accused condition who has been charged in Court with the commission of an offense. All people shall have equal protection by the law. Therefore, In the case of a person who is alleged to have committed a criminal offense, such person shall be presumed as guiltless until The Court gives the final judgment that such person has committed the offense alleged, whereas officers shall perform to the alleged person who is presumed as a guiltless person during the trial under human rights .For instance, such person shall not be tortured or abused from the officer or the Court but the alleged person should be considered from the officer and the Court with justice and reveal to an offense that such person is alleged straightforwardly. According to the law, there are some few different points between Rights of the alleged and the accused, as following: The Alleged shall be entitled: 1. Shall not be arrested without reason. 2. Shall be informed by the police officer who has the power to arrest that such person is arrested in what offense. In addition, the police officer shall inform the alleged person concerning their rights governed by the law. 3.Shall not answer any questions to the police during inquiry proceedings. Unless, questions concerning the name or the residence of that person in order to perform according to the law. 4.Shall not be coerce, threat, tortured, or deceive to plead guilty according to the alleged, or make any particular statement concerning the charge against him in the proceedings of inquiry. 5.To request for provisional release, and the security required such as land or cash, the police shall not order the alleged person to provide a bond for over amounts. 6.To obtain assistance from the government in appointing an attorney in the case of the alleged person is a poor person and impossible to appoint an attorney by himself in accordance to law. 7.To be kept in custody or detention according to the law permission, and such person may request for provisional release due to being in an unlawful custody. 8.To receive forthwith a cure until the alleged recovers from insanity, which the Court shall suspend the inquiry. If such person becomes insane during the inquiry proceedings, and is unable to defend his own rights. The Accused shall be entitled: 1.To appoint an attorney. 2.To have private meetings and conferences with an attorney or a person who shall be his attorney.(section 7, section 8 bis) 3. To inspect the file of the preliminary examination or trial, and to take copies, or to ask for certified copies thereof upon payment of fees. 4.To inspect the evidence, and to take copies or photographs thereof. 5.The Court shall send the copies of criminal prosecution memorandum to the accused. 6.The Court shall read out and explain to the accused and he shall then be asked whether or not he has committed the offense and what will his plea be which the accused has the right to answer or remain silence. 7. In the case of an offense punishable with capital punishment, the Court before commencing the trial, shall ask the accused whether he has an attorney or not; if he has none, the Court shall appoint one for him, or in the case of an offense punishable with imprisonment upwards to ten years but not exceed the offense punishable with dead. In the case of the accused not exceeding seventeen years of age on the day as he is instituted to the Court the Court before commencing the trial, shall ask the accused whether he has an attorney or not; if he has none, and request one, the Court shall appoint one for him. 8.In the case of an offense punishable with maximum imprisonment of three years not exceeding ten years. If the accused explains to the court that he is poor and request for an attorney. The Court shall appoint one for him. In this case the Court shall make the inquiry that the accused is poor before appoint the attorney for him.
Posted on: Wed, 10 Jul 2013 16:30:02 +0000
Trending Topics
Recently Viewed Topics
© 2015