Part II
THE COURSE OF PROCEEDINGS
B. PRELIMINARY PROCEEDINGS
Chapter XX
INVESTIGATION
Ordering detention during investigation
Article 274
(1) When the Public Prosecutor proposed, in accordance with the Article 273 paragraph 5 of the present Code, the defendant to be placed in detention, because he found that no other measure stipulated in the Chapter IX of the present Code may secure the presence of the defendant, i. e. the conditions necessary for the unobstructed conduct of the proceedings, the Public Prosecutor shall render a ruling on temporary confinement of the defendant, pursuant to the Article 264 paragraph 1 of the present Code, in the case of which the provisions set forth in the Article 264 paragraphs 2 to 7 of the present Code shall be applied.
(2) The Investigative Judge shall interrogate the defendant within the term of 36 hours from the inception of confinement about the circumstances relating to the existence of the reasons stipulated in the Article 174 paragraph 1 of the present Code, after which he shall render the Ruling on detention, or if he disagrees with the motion of the Public Prosecutor, he shall ask the chamber referred to in the Article 24 paragraph 6 of the present Code to decide on this issue. The chamber referred to in the Article 24 paragraph 6 of the present Code shall, within the term stipulated in the Article 264 paragraph 1 of the present Code, render the Ruling on detention or the Ruling on dismissing Public Prosecutor’s motion to place the defendant in detention.
(3) If the Investigative Judge or the chamber referred to in the Article 24 paragraph 6 of the present Code, in the case referred to in the paragraph 2 of the present Article, does not render the Ruling on detention within a term stipulated in the Article 264 paragraph 1 of the present Code, the defendant shall immediately be released.
(4) The Ruling on detention shall be served on the defendant in the moment of his deprivation of liberty, and not later than 24 hours from the moment he was deprived of liberty. The files must contain both the day and the hour of the deprivation of liberty and the day the ruling on detention was served. The defendant and his defense counsel may file an appeal against the ruling on detention within a term of 24 hours from the moment the ruling was served. The chamber referred to in the Article 24 paragraph 6 shall, within the term of 48 hours, decide on an appeal from the Investigative Judge’s Ruling on detention, and the decision on an appeal from the ruling of the chamber referred to in the Article 24 paragraph 6 (paragraph 2 of the present Article) will be brought within the term of 48 hours by the chamber of the first higher instance court. An appeal, the Ruling on detention and other files shall be immediately submitted to the chamber. An appeal against the ruling does not stay its execution.
(5) The Private Prosecutor may appeal a ruling of the chamber (Article 24 paragraph 6 of the present Code) that dismissed his motion to place the defendant in detention, within the term of 24 hours from the moment the ruling was served. An appeal against this ruling does not stay its execution, and the chamber (Article 24 paragraph 6) of the court of higher instance shall rule on it within the term of 48 hours.
EDIT.