Part II
THE COURSE OF PROCEEDINGS
A. CRIMINAL OFFENSE REPORT, PRELIMINARY INVESTIGATION AND NOTIFICATION OF CRIMINAL OFFENCE
Chapter XIX
PRELIMINARY INVESTIGATION AND SUBMISSION OF NOTIFICATION ON CRIMINAL OFFENCE
Temporary confinement of a suspect by the Public Prosecutor or Police in
preliminary investigation
Article 264
(1) Public Prosecutor or police authority may exceptionally, and no longer than for 48 hours from the moment of deprivation of liberty, i.e. answering a summons, temporarily confine a suspect deprived of liberty pursuant to Article 262, paragraph 1, as well as the suspect from Article 260, paragraphs 1 and 3, if they determine that some of the reasons from Article 174, paragraph 1 of the present Code exist.
(2) The Public Prosecutor or police authority shall immediately, and no longer than within 2 hours, issue a written ruling with explanation on confinement and serve it on the confined person. The ruling shall contain a criminal offense the suspect is charged with, grounds for suspicion, reason for confinement, day and hour of deprivation of liberty or appearance upon summons, as well as the time of the beginning of confinement.
(3) The suspect and defense counsel have the right to appeal the ruling on confinement, which shall immediately be submitted to the Investigative Judge. The Investigative Judge is obligated to decide on the appeal within a term of four hours from the receipt of the appeal. The appeal shall not stay the execution of the ruling.
(4) Public Prosecutor or the police authority, are obligated immediately to inform the Investigative Judge on confinement. The Investigative Judge may request the confined person be immediately brought before him.
(5) The suspect is entitled to the rights referred to in Article 260 of the present Code.
(6) The suspect must have a defense counsel as soon as the Public Prosecutor or police authority render a ruling on provisional confinement. Public Prosecutor or police authority are obligated to inform the suspect immediately of his right to retain a defense counsel, to make possible for the suspect to notify the defense counsel in his presence, by telephone or other means of electronic message transmitter, either directly or with a help of his family members or a third person whose identity must be known, and if it necessary the suspect shall be assisted in retaining a defense counsel.
(7) If the suspect does not retain a defense counsel by himself, Public Prosecutor or the police authority shall make one available to him ex officio, from the list submitted by a respective Counsel Bar Association. The interrogation of the suspect shall be prolonged until defense counsel appears, but not longer than for six hours. If the presence of defense counsel is not secured even by that time, the Public Prosecutor or Police shall release the suspect or bring him before the competent Investigative Judge without delay.
(8) The interrogation of a suspect that has been confined is being conducted pursuant to the Article 260 of the present Code.
Ordering detention in the preliminary investigation
Article 265
(1) Public Prosecutor shall upon having previously issued an Order of confinement (Article 264, paragraph 1) issue an Ruling on instigating the investigation without any delay, which shall be submitted immediately, along with the Motion that the defendant be placed in detention to the Investigative Judge, who shall act pursuant to Article 274, paragraph 2 of the present Code, in which case the provisions from Article 274, paragraphs 3-5 of the present Code shall be applied.
(2) If the Order of Confinement was issued by the Police, it shall notify of it the Public Prosecutor, who may act pursuant to the provisions of paragraph 1 of the present Article.
(3) If the Public Prosecutor within the time frame set forth in Article 264, paragraph 1 of the present Code, does not suggest setting of detention, the suspect shall be released without delay.
EDIT.