THE BARILLAS CASE for the proof of the corpus delicti and of the responsibility of the accused, and to appeal from any decision of the judge by which he rejects the proofs offered or holds that no crime has been committed. Whenever any judicial officer shall have knowledge of the existence of a crime, he shall proceed without loss of time to take the first diligcncias, which shall consist of the following: the declaration of the com plainant, if there be one; that of the accused, if he should be under arrest or be found present at the proceeding; the ocular inspection of the place in which the crime was committed, if it were such as to leave material traces of its existence; the descrip tion of the traces which the crime may have left upon the injured person, unless they are such as might offend modesty, and then it shall be made by experts, as else where provided; the expert examination of the persons detained, whenever they were drunk or are said to be so, and the securing of the thing which was the object of the crime, together with such other information es he may deem proper; all of which is to be remitted to the agent of the public ministry (who is in effect attorney general or prosecuting attorney) within thirty-six hours from the start of the investigation. In beginning any diligencia the corpus delicti must first be proved as the basis of the investigation (detailed rules being pre scribed for this end in regard to the several orders of crimes) . When any person is suspected of criminal responsibility for a crime, he shall be arrested, and wi hin forty -eight hours there after his preliminary declaration must be taken. This shall begin with the personal record of the accused, including any nick names (or aliases) which he may have. He shall then be informed of the reason of his arrest, the complaint, if there be any, being read to him; he shall be informed of the name of the complainant, if there be one, and he shall be interrogated about the facts which are imputed to him and about the
465
knowledge he may have of the crime, and in the event that he denies his participation in it, about the place where he was on the day and hour when the crime was committed, and what persons may have seen him there; about his knowledge of any other persons who may be suspected of having any responsibility, and as to the last time he may have seen them; and he may be interro gated also about any facts and details which it may be thought will tend to the complete establishment of the truth. This being finished, the accused shall be advised that he may name a defender, and if he is unable to do so, the list of ex officio defenders shall be shown him, so that he may choose him or them whom he may wish (the duties of these public defenders, of whom one hundred are regularly appointed from among the most aspiring members of the Bar, are set forth in detail). If through the Ministerio Publico, the revelations made in the first diligencias, in the written complaints, or in any other wise, any persons are indicated whose examina tion is deemed necessary for the investi gation of a crime, of its circumstances, or of the person of the accused, the judge must examine them; and during the whole course of the instruction the judge shall never fail to examine the witnesses present whose declaration may be requested by the Min isterio Publico, the interested parties and the person against whom the investigation is being made, although he should not be under detention. But no confessor, phy sician, surgeon, accoucheur, midwife, drug gist, lawyer, or attorney can be compelled to reveal the secrets which may have been confided to them by reason of their station, or in the exercise of their profession, nor to give notice of any crimes of which they may have knowledge through this means, without the consent of the interested parties. The foregoing shall not exempt physicians who have attended a sick person from giving a certificate of his death stating the sickness of which he died, whenever required
