FIRST PART
TITLE V- REMAND ORDERS
CHAPTER I- PERSONAL REMAND ORDERS
SECTION I- GENERAL RULES
Article 227- Classification of personal remand orders
1. Personal remand orders are classified into coercive and prohibitive remand orders.
Article 228- Grounds for issuing personal remand orders
1. No one may be subjected to personal remand orders unless there is a reasonable suspicion against him, based on evidence.
2. No remand order may be enforced where there are grounds of exculpation or cessation of the criminal offence.
3. Personal remand orders are issued when:
a) there are important reasons which put into danger obtaining or truthfulness of evidence;
b) defendant has absconded or there is a danger that he may abscond;
c) due to the circumstances of the act and defendant's personality there is a danger that he may commit serious crimes or other similar criminal offences, with the one he is being prosecuted.
Article 229- Criteria for issuing personal remand orders
1. The court in issuing remand orders shall take into account the appropriateness of each of them with the degree of security needed to be taken in an actual case.
2. Each remand order must be in proportion with the importance of the act and sentence provided for the actual criminal offence. It is taken into account continuity, repetition and also the mitigating and aggravating circumstances provided for by the Criminal Code.
3. When the defendant is a minor, the court takes into account the requirement for an uninterrupted actual educational process.
Article 230- Special criteria for issuing remand in custody order
1. Remand in custody order may be issued only when any other order is inappropriate because of the particular danger posed by the offence and defendant (suspect).
2. No remand in custody order may be issued against a pregnant or suckling woman, a person under particularly grave health conditions or who is above seventy years old or a dragoman or alcoholic, who undergo a therapeutic programme in a special institution.
3. In cases provided for by paragraph 2, remand in custody order may be issued only where there are grounds of a particular importance for crimes punished in maximum with not less than ten years imprisonment.
4. Minors may not be arrested when accused of a criminal contravention.
Article 231- Replacement or joinder of personal remand orders
1. In case of breach of a remand order requirements, the court may order its replacement or joinder with a more severe remand order, taking into account the importance, reasons and circumstances of the breach. In case of breach of restraining remand orders requirements, the court may decide its replacement or joinder with a coercive measure.
Provisional arrest
Provisional arrest for national proceedings
EDIT.