Pre-trial detention - Immediate appearance

At the end of police custody, the public prosecutor may decide to bring a person to trial on immediate appearance.

If the immediate appearance cannot take place on the same day, the accused person may be remanded in custody pending trial.

Pre-trial detention may be ordered only if judicial review or the wearing an electronic bracelet are not sufficient to achieve one or more of the following objectives:

• Retain evidence or clues
• Prevent pressure on witnesses or their families
• Preventing pressure on victims or their families
• Prevent fraudulent consultation between the accused person and his co-authors or accomplices (for example, to avoid agreement on a false version of the facts)
• Ensure that the accused person remains at the disposal of the judiciary
• To end the infringement or to avoid its renewal

Judge of Liberties and Detention

Pre-trial detention is requested by the Public Prosecutor. It must refer the case to the Judge of Liberties and Detention (JLD).

The judge decides on remand in custody after hearing any comments from the accused or his lawyer.

Decision

The JLD makes a ordinance who is notified to the person complained against.

Such an order may provide for remand in custody.

If the judge refuses detention, he can make an order for detention judicial review or an order of electronic wristband placement.

It's not possible to do call of this decision.

The person is detained until trial. Trial must take place within 3 working days that follow the judge's decision.

The detainee must be released if his trial did not take place within 3 months working days who follow his detention.