The rights of alleged offender in criminal case

The alleged offender has 2 conditions that are the alleged offender condition   who is alleged to have committed an offence but not yet been charged in Court and the accused condition who has been charged in Court with the commission of an offence.

All the people shall have the equal protection of the law. Therefore, In the case of person who is alleged to have committed a criminal offence .Such person shall be presumed as guiltless person until The Court gives the final judgment that such person has committed an offence. Then any officer shall perform to the alleged person who is presumed as guiltless person with the humanity properly .For instance, such person shall not be tortured or abused from the officer or the Court but the alleged person should be considered from the officer and the Court with justice and reveal to an offence that such person is alleged straightforwardly.

According to the law, the rights of alleged and accused, there are some few different as following:

The alleged shall be entitled:

1. Shall not be arrested without reason such as no resisting the arrest.
2. Shall be informed by the police who have the power to arrest that such person is arrested by any alleged. The police officer, in addition, should inform the alleged person concerning to their rights that covered by law.
3. Shall not answer any question to the police during inquiry proceedings. Unless, questions concerning the name or the residence of that person in order to perform according to the law.
4. Shall not be coerce, threat, tortured, or deceive to plead guilty according to the alleged, or make any particular statement concerning the charge against him in proceeding of inquiry.
5. To request of provisional release, and the security required such as land or cash, the police shall not order the alleged person to provide a bond for over amounts.
6. To obtain assistance from the government to appoint the attorney in the case of the alleged person is a poor person and impossible to appoint the attorney by himself in accordance to law.
7. To be kept in custody or detention according to the law permission, and such a person may be request for the provisional release due to has been kept in custody unlawful.
8. To receive forthwith a cure until an alleged person recover from his sound mind, and the Court shall suspend the inquiry. If such a person is unsound mind during the inquiry proceedings, and is unable to put up the defence.

The accused shall be entitled:

1. To appoint an attorney, such an attorney shall have rights similar to the accused.
2. To have private meet and conference with an attorney or a person who shall be his attorney.(section 7, section 8 bis)
3. To inspect the file of the preliminary examination or trial, and to take copies, or to ask for certified copies thereof upon payment of fees.
4. To inspect the evidence, and to take copies or photographs thereof.
5. The Court shall send the copies of criminal prosecution memorandum to the accused.
6. The Court shall be read out and explained to the accused and he shall then be asked whether or not he has committed the offence and what will be his defence or refuse to make a statement.
7. In the case of the offence punishable with capital punishment, the Court before commencing the trial, shall ask the accused whether he has an attorney or not; if he has none, the Court  shall appoint one for him or in the case of the offence punishable with imprisonment  upwards to ten years but not exceed the offence punishable with dead. In the case of the accused not exceeding seventeen years of age on the day as he is instituted to the Court the Court before commencing the trial, shall ask the accused whether he has an attorney or not; if he has none ,and request one, the Court  shall appoint one for him.
8. In the case of the offense punishable with imprisonment the maximum of upwards to three years not exceed ten years. If the accused explain to the court that he is poor and request the attorney one. The Court shall appoint one for him. In this case the Court shall make the inquiry that the accused is poor before appoint the attorney for him.