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.
Provisional arrest - release - national proceedings
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