Under Article 27 of the Basic Law No. 2011-6 of 16 December 2011 on the organization provisional government the Constituent Assembly ended with the provisions of the Constitution of 1 June 1959. Download

Article 12 (Paragraph 1 is added by article 2 of constitutional law n° 2002-51 dated June 1, 2002)

Police custody shall be subject to judicial control and preventive detention shall be exercised only following judicial instruction. It is forbidden to place any individual in arbitrary police custody or preventive detention.
An accused person is presumed innocent until his guilt has been proven through a procedure that offers him the guarantees that are indispensable for his defense.