The protection of human rights in the criminal process

Human rights and fundamental freedoms are indivisible, inalienable and inviolable and lie at the heart of the entire legal order. The law stipulates rules that ensure that no innocent person is convicted, and that the offender be sanctioned under the conditions provided by the Criminal Code and on the basis of the procedure conducted under the Criminal Procedure Code. Everyone has the right to a fair and public hearing by an independent and impartial tribunal, in the determination of his or her rights and obligations and in the determination of any criminal charge. No one can be charged or found guilty of a criminal offense which was not considered lawful at the time of its commission, expect for offenses which at the time of their commission constituted war crimes or crimes against humanity, according to international law. Everyone charged with a penal offense has the right to be presumed innocent until proved guilty according to law and a public trial in which he has had all the guarantees necessary for his defense. Everyone has the right to a remedy competent national tribunal for acts violating the fundamental rights guaranteed by the constitution or the law