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Preventive Detention (December 4, 1916)

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§ 6

The execution of the arrest is regulated by the provisions of §116 of the Code of Criminal Procedure.

§ 7

The arrested person can consult defense counsel at any time. The provisions of §137, Paragraphs 2 and 138 of the Code of Criminal Procedure shall apply.

§ 8

The district court judge in whose district the arrest took place or where the person arrested is located can appoint, either upon request or ex officio, a defense counsel for the arrested person. The appointment must be provided if the arrested person has asked for it after two weeks’ imprisonment. The arrested person is to be informed of this right during his hearing. The appointment is to be withdrawn if another defense counsel is expeditiously chosen and accepts his selection.

§ 9

The defense counsel is to be granted access to the arrest file. The arrested person is to be allowed to have both written and oral contact with defense counsel.

§ 10

The legal representative of the arrested person and the husband of an arrested woman is [sic] to be admitted as counsel and, should he request it, is to be allowed to speak at the hearing.

§ 11

The provisions of §§ 2 - 5 and 7 -10 of this law are to be applied as appropriate to residency restrictions.

§ 12

The period of detention served pending trial pursuant to this law can be deducted fully or partially from the sentence.

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