Page:The Constitutions and Other Select Documents Illustrative of the History of France, 1789-1907, Second Edition, Revised and Enlarged.pdf/269

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Constitution of the Year III
239

227. No person, in a case in which his detention is authorised by the law, can be brought to or detained except in the places legally and publicly designated to serve for jails, court houses, or houses of detention.

228. No custodian or jailer can receive or retain any person except in virtue of a warrant of arrest according to the forms prescribed by articles 222 and 223, an order for the taking of the body, a decree of accusation, or a judicial decision of condemnation to prison or correctional detention, and unless the transcript of it has been entered upon his register.

229. Every custodian or jailer is required, without any order being able to dispense therewith, to present the detained person to the civil officer having the police of the house of detention, whenever he shall be so required by that officer.

230. Production of the detained person cannot be refused to his relatives and friends who are bearers of an order of the civil officer, who shall always be required to accord it, unless the custodian or jailer presents an order of the judge, transcribed upon his register, to keep the arrested person in secret.

231. Any man, whatever his place or employment, other than those to whom the law has given the right of arrest, who shall give, sign, execute or cause to be executed an order for the arrest of any person, or whoever, even in the case of an arrest authorised by the law. shall bring to, receive, or detain a person in a place of detention not publicly and legally designated, and all custodians of jailers who shall contravene the provisions of the three preceding articles, shall be guilt> of the crime of arbitrary imprisonment.

232. All severities employed in arrests, detention, or executions, other than those prescribed by the law, are crimes.

233. In each department there are at least three and not more than six correctional tribunals for the trial of offences for which the punishment is neither afflictive nor infamous.

These tribunals cannot pronounce penalties more severe than imprisonment for two years.

Jurisdiction over offences for which the penalty does not exceed the value of three days of labor or imprisonment for three days is delegated to the justice of the peace, who pronounces in the last resort.

234. Each correctional tribunal is composed of a president,