In criminal cases, pre-trial detention may not exceed four months if the person under investigation has not already been sentenced for an ordinary felony or misdemeanour either to a criminal penalty or to an unsuspended prison sentence of more than one year and when he or she is facing a sentence of five years or less.
In other cases, as an exceptional measure, the liberty and custody judge may decide to extend pre-trial detention for a period not exceeding four months by means of a reasoned order in accordance with the provisions of article 137-3 and given after an adversarial hearing organised in accordance with the provisions of the sixth paragraph of Article 145, the lawyer having been summoned in accordance with the provisions of the second paragraph of Article 114. This decision may be renewed under the same procedure, subject to the provisions of article 145-3, and the total period of detention may not exceed one year. However, this period is extended to two years when one of the acts constituting the offence was committed outside national territory or when the person is prosecuted for drug trafficking, criminal conspiracy, procuring, extortion or for an offence committed as part of an organised gang and is liable to a sentence equal to ten years’ imprisonment.
Exceptionally, where the investigating judge’s investigations must be continued and the release of the person under investigation would cause a particularly serious risk to the safety of persons and property, the investigating chamber may extend the two-year period provided for in this article for a period of four months. The matter shall be referred to the Investigating Chamber, before which the accused must appear in person, by reasoned order of the liberty and custody judge in accordance with the procedures set out in the last paragraph of Article 137-1, and it shall rule in accordance with the provisions of articles 144,144-1,145-3,194,197,198,199,200,206 and 207.