CRIMINAL AND SENTENCE ENFORCEMENT LAW

It is not mandatory, but suspects and defendants have the right to the assistance of defence counsel at every stage. There is also a right to remain silent during the statement. Since the first statement can shape the course of the case, seeking legal advice beforehand is recommended.

Detention and judicial control orders can be challenged before the criminal judgeship of peace within seven days of service. A request for release can also be made at any stage of the investigation and trial.

For offences prosecuted only on complaint, the complaint must be filed within six months of learning of the act and the offender. For offences prosecuted ex officio, a criminal complaint may be made until the limitation period for prosecution expires.

Where, under certain conditions, a sentence of two years or less is imposed, the court defers announcing the verdict and places the defendant on probation. If this period passes without a new intentional offence, the case is dismissed. Law No. 7589 revised the HAGB rules and opened the possibility of appeal against these decisions.

The calculation depends on the type and length of the sentence, the date of the offence and whether the convict has shown good conduct in prison. The exact date is set in the sentence calculation issued by the enforcement prosecutor; incorrect calculations can be challenged before the enforcement judge.

Once the sentence has been served, the entry is removed from the criminal record and moved to the archive. The archive entry is in turn erased when the periods set by law have expired. Persons deprived of certain rights may ask the court to restore them once the conditions are met.