Page:The Constitutions and Other Select Documents Illustrative of the History of France, 1789-1907, Second Edition, Revised and Enlarged.pdf/118

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88
Constitution of 1791

a sentence of condemnation to prison or correctional detention.

11. Every man seized and brought before the police officers shall be examined immediately, or at the latest within twenty-four hours.

If the examination shows that there is no ground for incrimination, he shall be set at liberty immediately; or if there is occasion for sending him to jail, he shall be taken there within the briefest possible interval, which in any case shall not exceed three days.

12. No arrested man can be kept in confinement in any case in which the law permits remaining free under bail, if he gives sufficient bail.

13. No man, in a case in which his detention is authorised by law, can be brought to or confined anywhere except in the places legally and publicly designated to serve as jail, court house, or prison.

14. No custodian nor jailer can receive or confine any man, except in virtue of a warrant or order of arrest, decree of accusation or sentence mentioned in article 10 above, and unless the transcript thereof has been made upon his register.

15. Every custodian or jailer is required, without any order being able to dispense therewith, to present the person of the prisoner to the civil officer having the police of the jail, whenever it shall be required by him.

In like manner the presentation of the person of the prisoner cannot be refused to his kinsmen and friends bearing the order of the civil officer, who shall always be required to grant it, unless the custodian or jailer presents an order of the judge, transcribed upon his register, to keep the accused in secret.

16. Any man, whatever may be his place or his employment, other than those to whom the law gives the right of arrest, who shall give, sign, execute or cause to be executed an order or arrest for a citizen, or anyone, who, even in the case of arrest authorised by law, shall conduct, receive, or retain a citizen in a place of detention not publicly and legally designated, and any custodian or jailer who shall contravene the provisions of articles 14 and 15 above, shall be guilty of the crime of arbitrary imprisonment.

17. No man can be questioned or prosecuted on account