Chapter 3

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Article 43

The right to life is inviolable. No law shall provide for the death penalty and no authority shall apply the same. The State shall protect the life of persons who are deprived of liberty, serving in the armed forces or civilian services, or otherwise subject to its authority.

Inalienable rights

Article 44

Personal liberty is inviolable, therefore:

Right to pre-trial release

  1. No person shall be arrested or detained except by virtue of a court order, unless such person is caught in fraganti. In the latter case, such person must be brought before a judge within forty-eight hours of his or her arrest. He or she shall remain free during trial, except for reasons determined by law and assessed by the judge on a case-by case basis. The bail as required by law for the release of a detainee shall not be subject to tax of any kind. Right to counsel Prison registry
  2. Any person under arrest has the right to communicate immediately with members of his or her family, an attorney or any other person in whom he or she reposes trust, and such persons in turn have the right to be informed where the detainee is being held, to be notified immediately of the reasons for the arrest and to have a written record inserted into the case file concerning the physical or mental condition of the detainee, either by himself or herself, or with the aid of specialists. The competent authorities shall keep a public record of every arrest made, including the identity of the person arrested, the place, time, circumstances and the officers who made the arrest. In the case of the arrest of foreign nationals, (male or female), applicable provisions of international treaties concerning consular notification shall also be observed.
  3. The penalty shall not extend beyond the person of the convicted individual. No one shall be sentenced to perpetual or humiliating penalties. Penalties consisting of deprivation of liberty shall not exceed 30 years.
  4. Any authority taking measures involving the deprivation of liberty must identify himself or herself.
  5. No person shall remain under arrest after a release order has been issued by the competent authority or such person’s sentence has been served. Article 45 The public authorities, whether military, civilian or of any other kind, even during a state of emergency, exception or restriction or guarantees, are prohibited from effecting, permitting or tolerating the forced disappearance of persons. An officer receiving an order or instruction to carry it out, has the obligation not to obey, and to report the order or instruction to the competent authorities. The intellectual and physical perpetrators accomplices and concealers of the crimes of forced disappearance of a person, as well as any attempt to commit such offense, shall be punished in accordance with law. Human dignity Article 46 Everyone is entitled to respect for his or her physical, mental and moral integrity, therefore: Prohibition of cruel treatment Prohibition of torture
  6. No person shall be subjected to penalties, tortures, cruelty, inhuman or degrading treatment. Every victim of torture or cruel, inhumane or degrading treatment effected or tolerated by agents of the State has the right to rehabilitation.
  7. Any person deprived of liberty shall be treated with respect due to the inherent dignity of the human being.
  8. No person shall be subjected without his or her freely given consent to scientific experiments or medical or laboratory examinations, except when such person’s life is in danger, or in any other circumstances as may be detained by law.
  9. Any public official who, by reason of his official position, inflicts mistreatment or physical or mental suffering on any person or instigates or tolerates such treatment, shall be punished in accordance with law.

Human dignity Right to privacy Inalienable rights PDF generated: 27 Apr 2022, 10:50 Article 47 A person’s home and any private premise are inviolable. They may not be forcibly entered except by court order, to prevent the commission of a crime or carry out the decisions handed down by the courts in accordance with law, respecting human dignity in all cases. Any health inspections carried out in accordance with law shall be performed only after notice from the officials ordering or carrying it out. Right to privacy Article 48 The secrecy and inviolability of private communications in all forms are guaranteed. The same may not be interfered with except by order of a competent court, with observance of applicable provisions of law and preserving the secrecy of the private issues unrelated to the pertinent proceedings. Right to fair trial Guarantee of due process Article 49 All judicial and administrative actions shall be subject to due process, therefore: Regulation of evidence collection Right to appeal judicial decisions Right to counsel Right to examine evidence/witnesses Inalienable rights Presumption of innocence in trials Right to speedy trial Trial in native language of accused

  1. Legal assistance and defense are inviolable rights at all stages and levels during the investigation and proceeding. Every person has the right to be notified of the charges for which he or she is being investigated, to have access to the evidence and to be afforded the necessary time and means to conduct his or her defense. Any evidence obtained in violation of due process shall be null and void. Any person declared guilty shall have the right to appeal, except in the cases established by this Constitution and by the law.
  2. Any person shall be presumed innocent until proven otherwise.
  3. Every person has the right to be heard in proceedings of any kind, with all due guarantees and within such reasonable time limit as may be legally detained, by a competent, independent and impartial court established in advance. Anyone who does not speak Spanish or is unable to communicate verbally is entitled to an interpreter.
  4. Every person has the right to be judged by his or her natural judges of ordinary or special competence, with the guarantees established in this Constitution and by law. No person shall be put on trial without knowing the identity of the party judging him or her, nor be adjudged by exceptional courts or commissions created for such purpose. Protection from self-incrimination Regulation of evidence collection
  5. No person shall be required to confess guilt or testify against himself or herself or his or her spouse or partner, or any other relative within the fourth degree of consanguinity or the second degree of affinity. A confession shall be valid only if given without coercion of any kind. Protection from ex post facto laws 6. No person shall be punished for acts or omissions not defined under preexisting laws as a crime, offense or infraction. Prohibition of double jeopardy 7. No person shall be placed on trial based on the same facts for which such person has been judged previously. Ultra-vires administrative actions Freedom of movement
  6. Every person shall request from the State the restoration or remediation of a legal situation adversely affected by unwarranted judicial errors, and unjustified delay or omissions. The foregoing is without prejudice to the right of the individual to seek to hold the magistrate or judge personally liable, and that of the State to take action against the same. Article 50 Everyone shall freely transit by any means throughout the national territory, to change his or her domicile and residence, to leave and return to the Republic, to move his or her goods or belongings within the country and to bring his or her goods into or remove them from the country, subject only to such limitations as may be prescribes by law. In Venezuela (Bolivarian Republic of) 1999 (rev. 2009) Page 13constituteproject.org PDF generated: 27 Apr 2022, 10:50 cases involving the granting of a concession, the law shall provide for the circumstances in which an alternate route must be provided. Venezuelans shall enter the country without need for authorization of any kind. No act of the Public Power may establish against Venezuelans the penalty of banishment from the national territory. Right of petition Article 51 Everyone has the right to petition or make representations before any authority or public official concerning matters within their competence, and to obtain a timely and adequate response. Whoever violates this right shall be punished in accordance with law, including the possibility of dismissal from office. Freedom of association Article 52 Everyone has the right to assemble for lawful purposes, in accordance with law. The State is obligated to facilitate the exercise of this right. Freedom of assembly Article 53 Everyone has the right to meet publicly or privately, without obtaining permission in advance, for lawful purposes and without weapons. Meetings in public places may be regulated by law. Prohibition of slavery Article 54 No person shall be subjected to slavery or servitude. Traffic of persons, in particular women, children and adolescents, in any form, shall be subject to the penalties prescribes by law. Human dignity Article 55 Every person has the right to protection by the State, through the citizen safety organs regulated by law, from situations that affect or constitute a threat, vulnerability or risk to the physical integrity of individuals, their properties, the enjoyment of rights or the Fulfillment of duties. Participation by citizens in programs for purposes of prevention, citizen safety and emergency management shall be regulated by a special law. The State’s security corps shall respect the human dignity and rights of all persons. The use of weapons or toxic substances by police and security officers shall be limited by the principles of necessity, convenience, opportunity and proportionality in accordance with law. Article 56 Every person has the right to his own name, to the summates of his father and mother, and to know the identity of the latter. The State guarantees the right to investigates maternity and paternity. All persons have the right to be registered free of charge with the Civil Registry Office after birth, and to obtain public documents constituting evidence of their biological identity, in accordance with law. Such documents shall not contain any mention classifying the parental relationship. Freedom of press Freedom of expression Article 57 Everyone has the right to express freely his or her thoughts, ideas or opinions orally, in writing or by any other form of expression, and to use for such purpose any means of communication and diffusion, and no censorship shall be established. Anyone making use of this right assumes full responsibility for everything expressed. Anonymity, war propaganda, discriminatory messages or those promoting religious intolerance are not permitted. Censorship restricting the ability of public officials to report on matters for which they are responsible is prohibited. Venezuela (Bolivarian Republic of) 1999 (rev. 2009) Page 14constituteproject.org Freedom of press PDF generated: 27 Apr 2022, 10:50 Article 58 Communications are free and plural, and involve the duties and responsibilities indicated by law. Everyone has the right to timely, truthful and impartial information, without censorship, in accordance with the principles of this Constitution, as well as the right to reply and corrections when they are directly affected by inaccurate or offensive information. Children and adolescents have the right to receive adequate information for purposes of their overall development. Freedom of religion Article 59 The State guarantees the freedom of cult and religion. All persons have the right to profess their religious faith and cults, and express their beliefs in private or in public, by teaching and other practices, provided such beliefs are not contrary to moral, good customs and public order. The autonomy and independence of religious confessions and churches is likewise guaranteed, subject only to such limitations as may derive from this Constitution and the law. Father and Mother are entitled to have their sons and daughters receive religious education in accordance with their convictions. No one shall invoke religious beliefs or discipline as a means of evading compliance with law or preventing another person from exercising his or her rights. Right to protect one’s reputation Right to privacy Article 60 Every person is entitled to protection of his or her honor, private life, intimacy, self- image, confidentiality and reputation. The use of electronic information shall be restricted by law in order to guarantee the personal and family intimacy and honor of citizens and the full exercise of their rights. Freedom of opinion/thought/conscience Article 61 All persons have the right to freedom of conscience, and to express the same except those practices affecting personality or constituting criminal offense. Objections of conscience may not be invoked in order to evade compliance with law or prevent others from complying with law or exercising their rights.

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