When the examining magistrate receives a request from the public prosecutor to remand the person in custody, and considers that this detention is not justified, and decides not to transfer the case file to the liberty and custody judge, he or she is required to give a ruling without delay by means of a reasoned order, which is immediately brought to the attention of the public prosecutor.
In criminal matters or for offences punishable by ten years’ imprisonment, the public prosecutor may then, if the requisitions are motivated, in whole or in part, by the grounds provided for in 4° to 7° of Article 144 and they specify that he intends to apply the provisions of this paragraph, refer the matter directly to the liberty and custody judge by bringing the person under investigation before him without delay; the order made by the liberty and custody judge may cause the order of the investigating judge placing the person under judicial supervision to lapse. If the public prosecutor decides not to refer the case directly to the liberty and custody judge, he or she notifies the investigating judge and the person may be released.
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