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.
Provisional arrest - release - national proceedings
EDIT.