punishable with the penalties provided for in Article 130 of the Penal Code.
ART 71: Except where they are requested from inside a building or in the exceptional cases provided
for by law, searches and house visits may not be undertaken before 6 a.m. or after 9 p.m.
Any action taken in violation of the formalities stated in Article 68 and this article shall be null
and void.
ART 72: Where it is necessary to carry out recordings which cannot be postponed, the judicial police
official may request the assistance of any qualified person.
The persons thus called upon shall take an oath in writing upon their honour and conscience.
ART 73: A judicial police official may prohibit any person from leaving the scene of the off ence until
he/she completes his/her operations.
Any person, whose identity seems necessary to establish or check, in the course of judicial
inquiries to establish or verify identity, must, at the request of the judicial police official, comply with
what is required under this measure.
ART 74: A judicial police official may summon and hear any person likely to give information in respect
of the offence or of the items and documents seized.
The persons he/she summons must appear and testify. They may, if need be, be compelled to
appear by law enforcement.
A judicial police official must compulsorily hear any person claiming to have suffered loss due
to the offence he/she is still investigating.
ART 75: The judicial police official shall draw up a report on their statements. The persons heard shall
read their own statements through; they may write down their remarks in the report and sign it. If they
declare they cannot read, the report shall be read over to them by the judicial police official before th ey
sign or fingerprint the report, if they do not know how to sign. Refusal to sign or fingerprint the report
shall be noted therein.
The judicial police officers designated in Article 37 may also hear, within the limit of received
orders, any person likely to give information concerning the facts of the case. They shall report, in the
manner prescribed under this Code, to the judicial police official whom they assist.
ART 76: For the purposes of the investigation, the judicial police official may b e required to keep at
his/her disposal one or more of the persons referred to in Articles 73, 74 and 75 for forty -eight hours.
The same persons may be subject to the penalties provided for in the Penal Code relating to the
repression of opposition to legitimate authority.
If there are serious and consistent grounds for the indictment of a person, the period of police
custody for forty-eight hours may be extended by a period of twenty-four hours through a written
authorisation from the State Counsel or the investigating judge.
In all cases, the judicial police official who decides to keep a person in custody must notify the
person of his/her right to be examined by a doctor of his/her choice.
The State Counsel may, of his/her own motion or pursuant to a mo tion from a member of the
family of the person in custody, appoint a doctor who will examine the latter at any time during the
period of police custody.
Under no circumstances may a judicial police officer decide on a custodial measure.
During the preliminary investigation any person charged or who is victim of an offence shall
have the right to be assisted at his/her behest by one or more lawyers of his/her choice.
Lawyers may only ask questions through the judicial police official and with the authorisation of
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