General Part

SECTION FOUR
COERCIVE PROCEDURAL MEASURES

Chapter XVI
DETENTION

Article 153. Safeguarding of detainees’ rights

153.3. The prosecuting authority shall release the detainee in the following circumstances :

153.3.1. if suspicions of the commission of an act provided for in criminal law are not confirmed ;
153.3.2. if there is no need to remand the person in custody ;
153.3.3. if it is determined that detention involved a serious violation of the law ;
153.3.4. if the court decision to arrest the detainee is not made within 7 (seven) days of his detention to settle the question of forcibly sending him to the place where the sentence or other final court decision is to be executed, replacing the penalty given to him with another or repealing his suspended sentence or conditional release, or in other cases within 48 hours of his detention.

153.4. In the cases described in Article 153.3.1-153.3.3 of this Code, the detainee may be released as appropriate by the preliminary investigator, the investigator, the prosecutor in charge of the procedural aspects of the investigation or the court and, in the case described in Article 153.3.4. of this Code, also by the authority in charge of the temporary detention facility.

153.5. A person detained as the suspected perpetrator of an offence and released because the suspicion is not proven may not be detained again on the same suspicion.

General Part

SECTION FOUR
COERCIVE PROCEDURAL MEASURES

Chapter XVII
RESTRICTIVE MEASURES

Article 162. Release from detention on remand

162.1. Persons shall be released from detention on remand by court decision in the following cases :

162.1.1. if the charge concerning an act provided for in criminal law is not confirmed, or if the criminal proceedings in court are discontinued ;
162.1.2. if the penalty imposed by the court on a convicted person does not involve deprivation of liberty or detention in a disciplinary military unit or on remand ;
162.1.3. if it is determined that there is no need for the person to be detained on remand.

162.2. The accused may also be released from detention on remand on the basis of a decision of the investigator or prosecutor to discontinue the criminal proceedings.

162.3. A person detained on remand in the circumstances provided for in Article 162.1.1 and 162.1.2 of this Code shall be released from detention immediately at the court hearing.

162.4. If a copy of the prosecuting authority’s decision to cancel or alter the restrictive measure of arrest is received, the person shall immediately be released from detention by the head of the remand facility.

162.5. Without a decision of the prosecuting authority, the head of the remand facility shall release a person from detention in the following cases, and shall draw up a record of the fact :

162.5.1. if the remand period determined by court decision is over and has not been prolonged ;
162.5.2. if the total remand period laid down in Article 159.7 of this Code is over ;
162.5.3. if information is received from the prosecuting authority that the bail determined by the court for release from detention on remand has been received.

162.6. After release from detention, a person may not be arrested on the same charge again, except in cases where the prosecuting authority is informed of important new circumstances or of a violation of the conditions governing the restrictive measure applied to him.