The document outlines a code of conduct for law enforcement officials that includes 8 articles. Article 1 states that law enforcement officials must fulfill their duties by serving the community, protecting all persons, and acting with a high degree of responsibility. Article 2 says officials must respect and protect human dignity and uphold human rights. Article 3 limits the use of force to what is strictly necessary. The code prohibits torture and calls for protecting the health of detainees.
The second document establishes rights for arrested, detained, or investigated persons and duties for officers. It says persons have the right to assistance by counsel at all times and must be informed of rights. Extrajudicial confessions must be in writing in the presence of counsel. The purpose is
The document outlines a code of conduct for law enforcement officials that includes 8 articles. Article 1 states that law enforcement officials must fulfill their duties by serving the community, protecting all persons, and acting with a high degree of responsibility. Article 2 says officials must respect and protect human dignity and uphold human rights. Article 3 limits the use of force to what is strictly necessary. The code prohibits torture and calls for protecting the health of detainees.
The second document establishes rights for arrested, detained, or investigated persons and duties for officers. It says persons have the right to assistance by counsel at all times and must be informed of rights. Extrajudicial confessions must be in writing in the presence of counsel. The purpose is
The document outlines a code of conduct for law enforcement officials that includes 8 articles. Article 1 states that law enforcement officials must fulfill their duties by serving the community, protecting all persons, and acting with a high degree of responsibility. Article 2 says officials must respect and protect human dignity and uphold human rights. Article 3 limits the use of force to what is strictly necessary. The code prohibits torture and calls for protecting the health of detainees.
The second document establishes rights for arrested, detained, or investigated persons and duties for officers. It says persons have the right to assistance by counsel at all times and must be informed of rights. Extrajudicial confessions must be in writing in the presence of counsel. The purpose is
The document outlines a code of conduct for law enforcement officials that includes 8 articles. Article 1 states that law enforcement officials must fulfill their duties by serving the community, protecting all persons, and acting with a high degree of responsibility. Article 2 says officials must respect and protect human dignity and uphold human rights. Article 3 limits the use of force to what is strictly necessary. The code prohibits torture and calls for protecting the health of detainees.
The second document establishes rights for arrested, detained, or investigated persons and duties for officers. It says persons have the right to assistance by counsel at all times and must be informed of rights. Extrajudicial confessions must be in writing in the presence of counsel. The purpose is
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CODE OF CONDUCT FOR LAW
ENFORCEMENT OFFICIALS
(Adopted by the United Nations General
Assembly Resolution No. 34/169 of 17 Dec. 1979) • Article 1 – Law enforcement officials shall at all times fulfill the duty imposed upon them by law, serving the community and by protecting all persons against illegal acts, consistent with the high degree of responsibility required by their profession. • Article 2 – In the performance of their duty, law enforcement officials shall respect and protect human dignity and maintain and uphold the human rights of all people. • Article 3 – Law enforcement officials shall use force only when strictly necessary and to the extent required for the performance of their duty. • Article 4 – Matters of confidential nature in the possession of law enforcement officials shall be kept confidential, unless the performance of duty or the needs of justice strictly requires otherwise. • Article 5 – No law enforcement official may inflict, instigate or tolerate any act of torture or other cruel, inhuman or degrading treatment or punishment, nor may any law enforcement official invoke superior orders or exceptional circumstances such as a taste of war or a threat of war, a threat to national security, internal political instability or any other public emergency as a justification of torture or other cruel, inhuman or degrading treatment or punishment. • Article 6 – Law enforcement officials shall ensure the full protection of the health of persons in their custody and, in particular, shall take immediate action to secure medical attention whenever required. • Article 7 – Law enforcement officials shall not commit any act of corruption. They shall also rigorously oppose and combat all such acts. • Article 8 – Law enforcement officials shall respect the law and the present Code. They shall also, to the best of their capability, prevent and rigorously oppose any violations of them. REPUBLIC ACT 7438 AN ACT DEFINING CERTAIN RIGHTS OF PERSON ARRESTED, DETAINED OR UNDER CUSTODIAL INVESTIGATION AS WELL AS THE DUTIES OF THE ARRESTING, DETAINING & INVESTIGATING OFFICER; AND PROVIDING PENALTIES FOR VIOLATIONS THEREOF. SECTION 1. STATEMENT OF POLICY.
• It is the policy of the State 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.
a. Any person arrested, detained or under
custodial investigation shall AT ALL TIMES be assisted by Counsel. Sec. 2 cont…. b. Any public officer or employee or anyone acting under his order or in his place who arrests, detains or investigates any person for the commission of an offense shall INFORM the latter, in a language known to and understood by him, of his rights to remain silent and to have competent and independent Counsel, preferably of his own choice, who shall at all times be allowed to confer privately with the person arrested, detained or under custodial investigation. If such person cannot afford the services of his own counsel, he must be provided with a competent and independent counsel by the investigating officer. Sec. 2 cont….
c. The CUSTODIAL INVESTIGATION REPORT
shall be reduced to WRITING by the investigating officer, provided that before such report is signed, or thumbmarked if the person arrested or detained does not know how to read and write, it shall be read and adequately explained to him by his counsel or by the assisting counsel provided by the investigating officer in the language or dialect known to such arrested or detained person, otherwise, such investigation report shall be null and void and of no effect whatsoever. Sec. 2 cont….
d. Any EXTRAJUDICIAL CONFESSION made
by a person arrested, detained or under investigation shall be in WRITING and signed by such person in the presence of his counsel or in the latter’s absence, upon a valid waiver, and in the presence of any of the parents, elder brothers and sisters, his spouse, the Municipal Mayor, the Municipal Judge, District School Supervisor, or Priest of Minister of the gospel as chosen by him; otherwise, such extrajudicial confession shall be inadmissible as evidence in any proceeding. Sec. 2 cont….
e. Any waiver by a person arrested or
detained under the provisions of Article 125 of the Revised Penal Code, or under custodial investigation, shall be in writing and signed by such person in the presence of his counsel; otherwise such waiver shall be null and void and of no effect. Sec. 2 cont….
f. Any person arrested or detained or under
custodial investigation shall be allowed visits by or conferences with any member of his immediate family, or any medical doctor or priest or religious minister chosen by him or by any member of his immediate family or by his counsel, or by any national non- governmental organization duly accredited by the Office of the President “CUSTODIAL INVESTIGATION”
As used in this Act, “CUSTODIAL
INVESTIGATION” shall include the practice of issuing an “invitation” to a person who is investigated in connection with an offense he is suspected to have committed, without prejudice to the liability of the “inviting” officer for any violation of law. CRIMES PUNISHABLE UNDER THIS LAW
Sec. 4 (a) 7438 punishes 2 crimes of omission:
• 1. The crime of FAILING TO INFORM
the person arrested, detained, invited or under custodial investigation of his right to remain silent, and to have competent and independent counsel of his own choice;
• 2. The crime of FAILING TO PROVIDE
A COMPETENT and INDEPENDENT COUNSEL if the person arrested, detained, invited or under custodial investigation cannot afford the services of his counsel. CRIMES PUNISHABLE UNDER THIS LAW
Sec. 4 (b) punishes a crimes by
commission:
• - by any person obstructs, prevents
or prohibits the VISITORIAL RIGHTS of person arrested, detained, invited or under custodial investigation. Purpose of the law
The purpose of the law (RA 7438) is to ensure
that no violation of Section 12 (2), Art. III of the Constitution, occurs:
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.” MARAMING SALAMAT PO…!