Second part
Basic rights and duties
Art. 98
1 In principle, the basic rights guaranteed by the Constitution must not be restricted
2 Restrictions by law shall only be admissible if this is absolutely necessary for the public safety, morality, health and welfare 3 Other restrictions shall only be admissible subject to the prerequisites of Art 48 4 The Higher Administrative Court must declare void any laws and ordinances which restrict a basic right in violation of the Constitution
Art. 99
The Constitution shall serve the protection and the mental and physical wellbeing of all residents 2 Its protection against any attacks from without shall be guaranteed by international law and from within by laws, the judicature and the police
Art. 100
1 Human dignity shall be inviolable 2 To respect and protect it shall be the duty of all state authority
Art. 101
Everyone shall have the freedom to do whatever does not harm others within the limits of the laws and the morality
Art. 102
(1) The freedom of the person shall be inviolable
(2) 1 Anybody who is detained by a public body must be brought before the competent judge at the latest on the day following the detention 2 The judge must inform the detained person about which authority ordered the detention and the reasons for the detention and must give such person the opportunity to raise objections against the detention 3 The judge must either issue an arrest warrant against the detained person or must free him/her without delay
Art. 103
(1) The property right and the right to inhentance shall be guaranteed
(2) The rules governing the system of property ownership and the use of property must also serve the public good
Art. 104
(1) An act can only be punished if it constituted a criminal offence before being committed
(2) No person may be punished twice for the same act under the law
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