2024
RIGHTS OF A PERSON
UNDER CUSTODIAL
INVESTIGATION
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m
Custodial Rights of a Person
Section 12. Article III of the 1987 Constitution
Sec 12. (1) Any person under investigation for the
commission of an offense shall have the right to be
informed of his right to remain silent and to have
competent and independent counsel preferably of his
own choice. If the person cannot afford the services of
counsel, he must be provided with one. These rights
cannot be waived except in writing and in the presence
of counsel.
N E X T
Custodial Rights of a Person
(2) No torture, force, violence, threat, intimidation, or
any other means which vitiate the free will shall be
used against him. Secret detention places, solitary,
incommunicado or other similar forms of detention are
prohibited.
N E X T
Custodial Rights of a Person
(3) Any confession or admission obtained in violation of
this or Section 17 hereof shall be inadmissible in
evidence.
(4) The law shall provide for penal and civil sanctions
for violations of this section as well as compensation to
and rehabilitation of victims of torture or similar
practices, and their families.
N E X T
CUSTODIAL N E X T
INVESTIGATION
Is any questioning by law enforcement after a person has been taken into custody or
otherwise deprived of his freedom of action in any significant way. It refers to the
investigation conducted by the law enforcement immediately after arrest for the
commission of an offense. It begins when a person has been arrested and brought to the
custody of law enforcers in which suspicion is focused on him in particular and questions
are asked from him(the suspect) to elicit admissions or information on the commission of
an offense.
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WHAT IS MIRANDA
DOCTRINE?
The Miranda Doctrine means that prior to questioning
during custodial investigation, the person must be
warned that he has the right to remain silent, that any
statement he gives may be used as evidence against
him, and that he has the right to the presence of an
attorney, either retained or appointed.
N E X T
What are the
rights of a The right to be informed
of his rights
person during .
custodial
The right to remain silent
investigation? and to be reminded that
anything he says can and
will be used against him.
N E X T
What are the The right to an attorney or
rights of a toThe right to
counsel,
of his
own
be informed
preferably of his
rightsif not, one will
choice;
person during be provided for him
.
custodial Right against torture, force
violence, threat, intimidation
investigation? or any other means which
vitiate the free will of the
person
Right against secret
detention places, solitary,
incommunicado, or other
similar forms of detention
N E X T
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Republic Act No. 7438
AN ACT DEFINING CERTAIN RIGHTS OF A
PERSON ARRESTED, DETAINED OR UNDER
CUSTODIAL INVESTIGATION AS WELL AS THE
DUTIES OF THE ARRESTING , DETAINING AND
INVESTIGATING OFFICERS, AND PROVIDING
PENALTIES FOR VIOLATIONS THEREOF
N E X T
Republic Act No. 7438
Section 1: Statement of Policy.- it is the policy of
the Senate to value the dignity of every human being
and guarantee full respect for human rights.
Section 2: Rights of Persons Arrested, Detained
or Under Custodial Investigation: Duties of
Public Officers.
Section 3. Assisting Counsel. Assisting counsel is
any lawyer, except those directly affected by the case,
those charged with the conducting preliminary
investigation or those charged with the prosecution of
crimes.
Section 4. Penalty Clause.
N E X T
The United Nations
Standard Minimum
Rules for the Treatment
of Prisoners
(The Nelson Mandela
Application)
Rule 1 All prisoners shall be treated with the respect due to their inherent dignity and value as
human beings. No prisoner shall be subjected to, and all prisoners shall be protected from,
torture and other cruel, inhuman or degrading treatment or punishment, for which no
circumstances whatsoever may be invoked as a justification. The safety and security of
prisoners , staff, service provides and visitors shall be ensured at all times.
RULES OF GENERAL
APPLICATION
N E X T
Prisoner File
Management
Rule 6 There shall be a standardized prisoner file
management system in every place where persons
are imprisoned. Such a system may be an electronic
database of records or a registration book with
numbered and signed pages. Procedures shall be in
place to ensure audit trail and to prevent
unauthorized access to or modification of any
information contained in the system.
N E X T
