General Part

SECTION FOUR
COERCIVE PROCEDURAL MEASURES

Chapter XVII
RESTRICTIVE MEASURES

Article 157. Arrest

157.1. In accordance with the principle of the presumption of innocence, if the connection of the person to the offence committed is not proven, he may not be arrested or unnecessarily detained on remand.

157.2. Arrest as a restrictive measure may be chosen in the light of the requirements of Articles 155.1 - 155.3 of this Code.

157.3. A person arrested on the grounds of a court decision may not be held in a temporary detention facility for longer than 24 hours, and before the expiry of this period, he shall be transferred to the investigating authority’s remand facility (this period shall not include the time spent transporting the arrested person to the remand facility).

157.4. The investigator, the prosecutor in charge of the procedural aspects of the investigation or the court may instruct the authority in charge of the remand facility to hold persons charged with the same offence or related offences apart and to prevent conversations between the accused and other arrested persons, as well as on other matters, provided that these do not contravene the rules on detention on remand.

157.5. When examining the question of arrest as a restrictive measure, the court, if it decides that there is no need to isolate the accused from society by detaining him on remand, shall have the right to substitute house arrest for arrest. The court may simultaneously make its decision about arrest and resolve the matter of releasing the accused from arrest by granting bail, and if this release is considered possible, it shall determine the amount of bail. The court may review its decision about the inadmissibility of bail and the amount of bail at the request of the defence.

157.6. The parties to criminal proceedings may complain to the appeal court about a court decision to apply, or not to apply, arrest as a restrictive measure. The decision of the appeal court on this matter shall be final.

157.7. A court which has decided on arrest as a restrictive measure shall have the right to change or cancel this decision before the end of the remand period on the basis of a submission by the prosecutor in charge of the procedural aspects of the procedural aspects of the investigation.

157.8. The investigator or the prosecutor in charge of the procedural aspects of the investigation may discontinue the application of arrest as a restrictive measure decided by a court only in the following cases :

157.8.1. if, according to medical opinion, the seriousness of the accused person’s illness makes it impossible to detain him on remand ;
157.8.2. if a decision is made to the effect that the act committed by the accused is not an offence posing a major public threat.

Article 158. The remand period

158.1. At the pre-trial stage of the criminal case, when it chooses arrest as a restrictive measure, the court shall specify a remand period of up to 2 (two) months in respect of offences which do not pose a major public threat or minor offences and of up to 3 (three) months in respect of serious and very serious offences.

158.2. The remand period shall begin at the time of actual arrest if the accused is detained or, if he is not held, at the time of the implementation of the court decision on arrest as a restrictive measure. The following shall be included in the period for which the suspect or accused is detained on remand :

158.2.1. the period of detention and remand ;
158.2.2. the period of house arrest ;
158.2.3. the period during which he was detained in a medical establishment for an in-patient medical report under coercive procedural measures or on account of temporary illness.

158.3. At the pre-trial stage of the criminal case, the remand period, other than in cases of prolongation of the period as prescribed by Article 159 of this Code, may not exceed the above-mentioned periods. The remand period in respect of the suspect or accused shall be calculated by adding together all periods of detention on remand, house arrest and time spent at a medical establishment. The remand period at the pre-trial stage of the criminal case shall be suspended on the day when the case is sent to court or when detention on remand or house arrest as a restrictive measure is discontinued.

158.4. When the period of detention on remand as a restrictive measure is calculated, the period during which the accused and his defence counsel acquaint themselves with the case file shall not be taken into consideration.

158.5. The period of detention on remand of the accused in criminal cases within the jurisdiction of first instance and appeal courts may not exceed :

158.5.1. 3 (three) months where offences do not constitute a major public threat ;
158.5.2. 5 (five) months for minor offences ;
158.5.3. 7 (seven) months for serious offences ;
158.5.4. 9 (nine) months for very serious offences.

158.6. During the criminal proceedings (pre-trial and in first instance and appeal courts), the remand period shall be included in the term of punishment imposed on the accused by the court.

Article 159. Prolongation of the period of detention on remand during the pre-trial proceedings

159.1. At the pre-trial stage of criminal proceedings, the period of detention on remand of the accused may be prolonged by a court, depending on the complexity of the case : for those offences which do not pose a major public threat, for no longer than 1 (one) month ; for minor offences, for no longer than 2 (two) months ; for very offences, for no longer than 3 (three) months, and for very serious offences, for no longer than 4 (four) months.

159.2. At the pre-trial stage, in an exceptionally complicated case, the remand period may again be prolonged by the court : for minor offences, for no longer than 2 (two) months ; for serious offences, for no longer than 3 (three months), and for very serious offences, for no longer than 5 (five) months.

159.3. An investigator who considers it necessary to prolong the period of detention on remand of the accused shall submit the appropriate reasoned request to the prosecutor in charge of the procedural aspects of the investigation at least 7 (seven) days before the expiry of the remand period. If the prosecutor in charge of the procedural aspects of the investigation agrees with the need to prolong the remand period, he shall address the appropriate submissions at to the court least 5 (five) days before the expiry of the remand period decided by court. If the court agrees with the need to prolong the term of detention on remand of the accused, it shall decide to do so before the end of the period imposed by the decision adopting the restrictive measure.

159.4. When deciding whether to prolong the remand period, the court shall have the right to substitute house arrest for detention on remand or to release the accused by granting bail and determining the amount of bail.

159.5. When deciding to prolong the period of detention on remand of the accused, the court shall determine the further periods as prescribed by Articles 159.1 and 159.2 of this Code.

159.6. A court decision to prolong the remand period, or not to do so, shall be subject to an appeal to the appeal court. The appeal court’s decision on this matter shall be final.

159.7. During the pre-trial proceedings, the period of detention on remand of the accused shall on no account exceed :

159.7.1. 3 (three) months for offences which do not pose a major public threat ;
159.7.2. 6 (six) months for minor offences ;
159.7.3. 9 (nine) months for serious offences ;
159.7.4. 12 (twelve) months for very serious offences.