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Page 69 of 220
1.
shall, without delay, at the latest on the day after his apprehension, be
brought before the court which is to examine him and decide on his further
detention,
2.
has the right to reply to the accusation or to remain silent,
3.
may request that evidence be taken in his defence,
4.
may at any time, including before
his examination, consult with defence
counsel of his choice,
4a. may, in the cases under section 140 (1) and (2), request the appointment of
defence counsel in accordance with the provisions of section 141 (1) and
(3),
5.
has the right to demand an examination by a female or male physician of his
choice,
6.
may notify a relative or a person trusted by him, provided
the purpose of the
investigation is not significantly endangered thereby,
7.
may, in accordance with the provisions of section 147 (4), apply to inspect
the files and, under supervision, to view items of evidence in official custody
if he has no defence counsel and
8.
may, if remand detention is continued after he is brought before the
competent judge,
a) lodge a complaint against the warrant of arrest or apply for a review of
detention (section 117 (1) and (2)) and an oral hearing (section 118 (1)
and (2)),
b) in the event of inadmissibility of the complaint, make an application for a
court decision pursuant to section 119 (5) and
c)
make an application for a court decision pursuant to section 119a (1)
against official decisions and measures in the enforcement of remand
detention.
The accused is to be advised of defence counsel’s right to inspect the files under
section 147. An accused who does not have a sufficient command
of the German
language or who is hearing or speech impaired shall be advised in a language he
understands that he may, in accordance with the provisions of section 187 (1) to (3)
of the Courts Constitution Act, demand that an interpreter or a translator be called in
free of charge for the entire criminal proceedings. A foreign national shall be advised
that he may demand notification of the consular representation of his home
state
and have messages communicated to the same.
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