Page:Spanish Constitution.djvu/7

Constitució Espanyola :1. Every person has the right to freedom and security. No one may be deprived of his or her freedom except in accordance with the provisions of this section and in the cases and in the manner provided for by the law.


 * 2. Preventive arrest may last no longer than the time strictly necessary in order to carry out the investigations aimed at establishing the events; in any case the person arrested must be set free or handed over to the judicial authorities within a maximum period of seventy-two hours.


 * 3. Every person arrested must be informed immediately, and in a way understandable to him or her, of his or her rights and of the grounds for his or her arrest, and may not be compelled to make a statement. The arrested person shall be guaranteed the assistance of a lawyer during police and judicial proceedings, under the terms to be laid down by the law.


 * 4. An habeas corpus procedure shall be provided for by law in order to ensure the immediate handing over to the judicial authorities of any person illegally arrested. Likewise, the maximum period of provisional imprisonment shall be determined by law.

Section 18


 * 1. The right to honour, to personal and family privacy and to the own image is guaranteed.


 * 2. The home is inviolable. No entry or search may be made without the consent of the householder or a legal warrant, except in cases of flagrante delicto.


 * 3. Secrecy of communications is guaranteed, particularly regarding postal, telegraphic and telephonic communications, except in the event of a court order.


 * 4. The law shall restrict the use of data processing in order to guarantee the honour and personal and family privacy of citizens and the full exercise of their rights.

Section 19


 * Spaniards have the right to freely choose their place of residence, and to freely move about within the national territory.


 * Likewise, they have the right to freely enter and leave Spain subject to the conditions to be laid down by the law. This right may not be restricted for political or ideological reasons.

Section 20


 * 1. The following rights are recognized and protected:
 * a) The right to freely express and spread thoughts, ideas and opinions through words, in writing or by any other means of reproduction.


 * b) The right to literary, artistic, scientific and technical production and creation.


 * c) The right to academic freedom.


 * d) The right to freely communicate or receive truthful information by any means of dissemination whatsoever. The law shall regulate the right to the clause of conscience and professional secrecy in the exercise of these freedoms.


 * 2. The exercise of these rights may not be restricted by any form of prior censorship.


 * 3. The law shall regulate the organization and parliamentary control of the masscommunication means under the control of the State or any public agency and shall guarantee access to such means by the significant social and political groups, respecting the pluralism of society and of the various languages of Spain.


 * 4. These freedoms are limited by respect for the rights recognized in this Part, by the legal provisions implementing it, and especially by the right to honour, to privacy, to the own image and to the protection of youth and childhood.


 * 5. The seizure of publications, recordings and other means of information may only be carried out by means of a court order.

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