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The Presidency of the Public Prosecution has issued a directive setting out new rules for questioning individuals brought before the courts, with the aim of strengthening fair-trial guarantees.
Addressed to prosecutors, the directive recalls that the first direct contact takes place between the individual concerned and the public prosecutor, who examines the alleged facts. This stage requires particular attention to legal safeguards and to the rights applicable at the preliminary phase of proceedings. Prosecutors are instructed to carefully review case files, accurately assess the facts, and ensure a balance between the rights of suspects and those of victims and society.
The Presidency notes that the legal framework governing interrogations has undergone significant changes following the adoption of Law No. 03.23, which amends and supplements the Code of Criminal Procedure. In this context, the directive stresses the obligation to guarantee suspects, from the moment of arrest, all rights provided by law, including the right to remain silent, to be informed of the charges, to notify a family member, and to contact a lawyer.
It also reiterates that suspects must only be questioned after their identity has been verified and after they have been informed of their right to legal counsel, as well as their right to use an interpreter or any person capable of communicating with them.
Prosecutors are further called upon to take decisions based on the circumstances of each case, the personality of the accused, their level of risk, the impact of the offense on society, and the resulting harm. In this regard, the directive encourages greater use of alternatives to prosecution, notably penal transactions, which may be applied directly or through a mediator, while respecting the presumption of innocence and the exceptional nature of pretrial detention.
The directive also urges prosecutors to rationalize the appearance of suspects in a state of liberty, limiting it to cases of necessity linked to the seriousness of the offense or restorative justice measures, and to make restrained use of pretrial detention where judicial authorization is required.
Finally, it calls for interrogations to be organized according to clear priorities, particularly cases involving vulnerable individuals—such as women, children, persons with disabilities, and the elderly—as well as cases likely to result in pretrial detention.
