FIRST PART
TITLE V- REMAND ORDERS
CHAPTER IV- REVOCATION AND CESSATION OF REMAND ORDERS
Article 260- Revocation and replacement of remand orders
1. Coercive and restraining remand orders are revoked immediately when it is proved that the grounds and criteria for their application are lacking.
2. When security needs are lowered or when the remand order applied does not match up to the importance of the fact or the sentence which may be issued, the court replaces the remand order with another lenient one.
3. When the security needs are elevated, the court on the application of the prosecutor replaces the applied remand order with a more severe one.
4. The application of the prosecutor or defendant for the revocation or replacement of the remand order is heard by the court within five days from its filing. When the case warrants, the court also decides ex-officio during pre-trial admition of evidence or during trial.
Article 261- Cessation of remand orders
1. Remand orders cease when:
a) on the same act and against the same person, the case has been dismissed or a decision of acquittal has been issued;
b) the sentence is quashed or suspended on condition;
c) the duration served under pre-detention is longer than the sentence issued;
d) after the expiry of the time limit provided for under article 245, paragraph 1 letter “ç”, renewal has not been ordered within the boundaries provided for under articles 264 and 267.
2. Pre-detention ordered during preliminary investigations is ceases if the court does not proceed with the interrogation within the time limit provided for under article 248.
3. Cessation of remand orders does not prevent the court or any other authority in carrying out the rights recognised by law in enforcing the supplementary punishments or other restraining orders.
Article 262- Consequences of cessation of remand orders
1. When the arrest ceases, the court immediately releases the person against whom the order has been issued.
2. In case that other remand orders cease, the court decides their immediate removal.
Article 263- Duration of pre-detention
1. Pre-detention ceases if since its execution the following time limits have lapsed without the documents being filed in court:
a) three months, when proceeding for criminal contraventions;
b) six months, when proceeding for crimes sentenced up to ten years of imprisonment;
c) twelve months when proceeding for crimes sentenced to not less than ten years of imprisonment or life imprisonment.
2. The pre-detention ceases if since the date of filing of documents in court, the following time limits have lapsed without a decision being issued in the first instance:
a) two months when proceeding for criminal contraventions;
b) nine months when proceeding for crimes sentenced up to ten years of imprisonment;
c) twelve months when proceeding for crimes sentenced to not less than ten years of imprisonment or life imprisonment.
3. The pre-detention ceases if, since the date of issue of the sentence in the first instance, the following time limits have lapsed, without a decision being issued in the court of appeal:
a) two months when proceeding for criminal contraventions;
b) six months when proceeding for crimes sentenced up to ten years of imprisonment;
c) nine months when proceeding for crimes sentenced to not less than ten years of imprisonment or life imprisonment.
4. In case where the decision is quashed by the Supreme Court and the case is returned to the court of first instance or court of appeal and also where the decision is quashed by the court of appeal and returned to the court of first instance, time limits provided for in each instance of proceeding start to run again from the day of decision in the Supreme Court or Appeal Court.
5. In case where the defendant under pre-detention absconds, time limits start to run again from the time he is placed in pre-detention again.
6. The entire time period of pre-detention, taking also into account the extension of time provided for under article 264, point 2, cannot exceed the following time limits:
a) ten months when proceeding for criminal contraventions;
b) two years when proceeding for crimes sentenced in minimum up to ten years of imprisonment;
c) three years when proceeding for crimes sentenced to not less than ten years of imprisonment or life imprisonment.
7. When at the end of the pre-detention time limit, the prosecutor communicates to the defendant a new charge, which prescribes longer pre-detention time limits than the first charge, he asks the court to assign a new pre-detention time limit. The court decides in judicial session, after hearing the parties.
8. When the new charge relates to a new act, which was unknown at the beginning of the proceedings, the court assigns a new time limit, which starts to run from the beginning, whereas in cases where only the legal classification of the offence changes, the court assigns the remand order, and the time limit start to run based from the previous remand order.
Article 264- Extension of pre-detention
1. When the examination of the defendant’s mental status has been ordered, at any state and stage of the proceedings, the pre-detention time limits are extended with the time assigned for performing the examination. The extension is decided by the court on the request of the prosecutor and after hearing the defence counsel. The decision of the court may be appealed to Court of Appeal or directly to the Supreme Court.
2. During preliminary investigations, the prosecutor may apply for extension of the pre- detention of time limits, which are expiring, where there are important security needs and especially complex verifications which make necessary the extension. The court takes a decision after hearing the prosecutor and defence counsel. Extension may be done once for a period of time which may not exceed three months.
3. The pre-detention time may not exceed half of the maximum punishment provided for the criminal offence under proceeding.
Article 265- Suspension of pre-detention time limits
1. Time limits provided for under article 263 may be suspended by a court decision that can be appealed:
a) for the time the judicial examination is adjourned or postponed because of the unjust acts or requests of the defendant or his defense counsel, except in cases where the request is made to obtain evidence;
b) for the time the judicial examination is adjourned or postponed because of non-appearance or abandonment by one or more defense counsels, who leave one or more defendant without counseling.
Article 266- Provisions in case of release from prison (pre-detention)
1. The court, when the requirements under which the pre-detention was ordered still exist, assigns against the defendant released from detention because of expiry of the time limits, other remand orders if there are the required conditions.
2. Pre-detention, when necessary, may be renewed:
a) When the defendant has intentionally breached the orders issued in connection with a remand order issued based on paragraph 1, but always when the security needs exist.
b) With the conviction, when the security needs provided for under article 228, paragraph 3 exists.
3. With the renewal of the pre-detention, the time limits start to run again but, for the purposes of determining the total pre-detention period, is taken into account the time served under the previous pre-detention.
4. Judicial police officers and agents may detain a defendant who, in breach of orders pursuant to a remand order issued based on paragraph 1, has fled. Provisions on detaining a person suspected of committing a criminal offence, to the extent they are consistent with, are applicable.
Article 267- Maximum time limits of other remand orders
1. Coercive remand orders, otherwise than pre-detention, cease when since the time of their enforcement, has lapsed a time period twice in length of the time limits provided for under article 263.
2. Restraining orders cease when three months have lapsed since their execution. When they have been issued in order not to destroy evidence, the court may order their renewal up to the limits provided for under paragraph 1.
Provisional arrest
Provisional arrest for national proceedings
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