Examples of using First interrogation in English and their translations into Spanish
{-}
-
Official
-
Colloquial
When the assistance of a lawyer was compulsory(article 48 of the Code of Criminal Procedure),he had to be appointed before the suspect's first interrogation.
The State party submits that the record of Mr. Darwish's first interrogation, on 30 January 1992, at 10.35 p.m., shows that he was informed of the reasons for his arrest.
The defendant must be informed of all of these rights on theinitiation of preliminary investigations, and in any case before his or her first interrogation.
From the moment of the minor's first interrogation as a suspect or indictee, the minor's legal representative may participate in the proceedings by decision of the investigator.
Victims should be informed as to their essential rights andthe prerequisites for assistance during proceedings, and prior to their first interrogation at the latest.
All detainees interviewed by the Special Rapporteur indicated that they had feared at the time of arrest or first interrogation being subjected to ill-treatment if they did not comply with their investigators' requests.
Accordingly, paragraph 4 of Article 21 of the Code of Criminal Procedure provides that a person shall have access to defence from the moment of detention or first interrogation.
According to the observations of the Hungarian Helsinki Committeeof 20 August 1998, it was usually during the first interrogation that a detainee was subjected to physical or psychological abuse at the hands of the police.
Although this report does not mention the time when it was drawn up, the State party maintains that the author was explained his rights as a suspect andhad a meeting with the lawyer before his first interrogation.
For example, the ECtHR in Salduz v Turkey37 emphasised that a trial can be rendered unfair as early as the time of the first interrogation, if safeguards such as access to a lawyer are not respected.
Counsel of his own choosing during his first interrogation, the State party says that, besides the fact that he never raised the issue at the domestic level, the author simply refused to make a statement.
The rights and obligations of a witness may be clarified thereto by the body conducting criminal proceedings once prior to his/her first interrogation and again at court hearing.
Also, contrary to provisions of the Criminal Procedure Code,he was not informed before the first interrogation what crime he was suspected of having committed, and the first page of the first interrogation protocol was not signed by him.
According to Article 31 of the Constitution, a person suspected of the commission of a crime and the accused shall be guaranteed,from the moment of their detention or first interrogation, the right to defence as well as the right to an advocate.
They and accused persons are entitled to confidential interviews with defence counsel before their first interrogation, can lodge complaints about the actions(failure to act) of an investigator, inquiry agent, procurator or court, and take part in the court's consideration of them.
If the defendant is mute, deaf or otherwise incapable of defending himself or herself, or if the proceedings are carried out for an offence punishable by long-term imprisonment,the defendant must have a defence counsel already at his or her first interrogation.
While some officials said that a lawyer should be provided immediately to any person under arrest, orat least during the first interrogation, the head of the Law Enforcement Bodies Department affirmed that a lawyer must be provided after the initial 48 hours.
For example, if the accused is deaf, dumb or incapable of defending himself successfully, or if criminal proceedings is conducted against him for a criminal offence for which the law foresees a punishment of life imprisonment,he must have a defence counsel even at the first interrogation.
The lawyer is also entitled to acquainted him/herself with the case materials relating to the accusation after the indictment and first interrogation of the accused person; upon completion of investigation, the lawyer has access to all case materials.
HRA noted that the Draft Criminal Code has deficiencies regarding right to defence from the very moment of someone being"criminally charged" in terms ofthe ECHR art. 6, as it provides for the assistance of a lawyer from the moment of the first interrogation, although a person may be detained for hours before that occurs.
According to article 63 of the Code,a suspect in pre-criminal proceedings, that is, the accused before the first interrogation, must be informed that he has the right to defence counsel of his own choice and that the defence counsel may be present during this interrogation. .
As for the author's claim that he was not represented by a lawyer the first three days after being arrested and that the ex officio lawyer failed to represent him in good faith,the State party confirms that indeed the ex officio lawyer was assigned to the author on 27 December 1999 but argues that his first interrogation also took place on the same day and that the author was represented by a lawyer during that interrogation. .
Under section 163,paragraph 1 of the Criminal Procedure Code the accused has also the right to request the investigator to have his first interrogation delayed for an appropriate period of time for the purpose of preparing his defence and the investigator must decide on it.
In 1774, Suvorov was dispatched to suppress the rebellion of Pugachev, who claimed to be theassassinated Tsar Peter III, but arrived at the scene only in time to conduct the first interrogation of the rebel leader, who had been betrayed by his fellow Cossacks and was eventually beheaded in Moscow.
Article 215 of Chapter XV regulating termination of a pre-trial investigation provides that where a pre-trial investigation is not completed within six months after the first interrogation, a suspect or his/her representative or counsel for the defence may lodge an appeal with the judge of a pre-trial investigation concerning a delayed pre-trial investigation.
The denial of legal counsel also infringes upon Zhang's right under article 96 of the Chinese Criminal Procedure Code,which provides that defendants have the right to obtain legal defence after their first interrogation by investigators or from the day coercive measures are taken against them.
Articles 64, paragraph 1(a), and 141, paragraph 2,of the Code of Penal Procedure lay down rules for mandatory legal assistance by counsel at the first interrogation of the accused. It is possible to request the judge, at the end of the interrogation, to ask questions which may assist elucidation of the truth art. 141, para. 6.
Under article 16 of the Code of Criminal Procedure, suspects and accused persons have the right to a legal defence, which they may exercise on their own behalf or through a defence counsel and/or legal representative; they may also meet with defence counsel in private or confidentially,including before their first interrogation, without limit as to the number or duration of such meetings article 46, paragraph 4(3), and article 47, paragraph 4(9), of the Code of Criminal Procedure.
As to the author's allegations summarized in paragraph 3.2(a),(d) and(f) above,the State party refers to the report of 27 December 1999 preceding the author's first interrogation as a suspect, which bears the author's signature and has the following text written by him:"I was explained my rights as a suspect.
The defense lawyer on duty ensures legal aid within certain procedural actions i.e., investigative activities;notification of the suspect about his/her status; the first interrogation of a suspect; the compulsory measures related to procedural issues brought before the investigative judge.