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constitution

The State

Basic Constituents of the Society

Public Freedoms, Rights and Duties

Sovereignty of the Law

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Sovereignty of the Law

PART FOUR SOVEREIGNTY OF THE LAW

Article 64:

The Sovereignty of the law is the basis of State rule.

Article 65:

The State shall be subject to law. The independence and immunity of the judicature are two basic guarantees to safeguard rights and liberties.

Article 66:

Penalty shall be personal. There shall be no crime or penalty except by virtue of the law. No penalty shall be inflicted except by a judicial sentence. Penalty shall be inflicted only for acts committed subsequent to the promulgation of the law prescribing them.

Article 67:

Any defendant is innocent until he is proved guilty before a legal court, in which he is granted the right to defend himself.
Every person accused of a crime must be provided with counsel for his defense.

Article 68:

The right to litigation is inalienable for all, and every citizen has the right to refer to his competent judge. The State shall guarantee the accessibility of the judicature organs to litigants, and the rapidity of statutorily on cases.

Any provision in the law stipulating the immunity of any act or administrative decision from the control of the judicature shall be prohibited

Article 69:

The right of defense in person or by power of attorney shall be guaranteed. The law shall grant the financially incapable citizens the means to resort to justice and defend their rights.

Article 70:

No penal lawsuit shall be sued except by an order from a judicature organ with the exception of cases defined by law.

Article 71:

Any person arrested or detained shall be informed forthwith of the reasons for his arrest or his detention. He shall have the right to communicate with whoever he sees fit and inform them of what has taken place and to ask for help in the way organized by law.
He must be notified, as soon as possible, with the charges directed against him.

Any person may lodge a complaint to the courts against any measure taken to restrict his personal freedom. The Law shall regulate the right of complaint in a manner ensuring a decision regarding it within a definite period or else release shall be imperative.

Article 72:

Sentences shall be passed and executed in the name of the people. Likewise refraining from executing sentences or obstructing them on the part of the concerned civil servants shall be considered a crime punishable by law. In this case, those whom the sentence is in favor of shall have the right to sue a direct penal lawsuit before the competent court.

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