In criminal matters, an accused person may not be held in custody for more than one year. However, subject to the provisions of article 145-3, the liberty and custody judge may, on expiry of this period, extend the detention for a period of no more than six months by means of a reasoned order in accordance with the provisions of Article 137-3 and made 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.
The accused may not be held in pre-trial detention for more than two years where the sentence is less than twenty years’ imprisonment or criminal detention and for more than three years in other cases. The time limits are increased to three and four years respectively when one of the acts constituting the offence was committed outside national territory. The time limit is also four years when the person is prosecuted for several crimes mentioned in Books II and IV of the Criminal Code, or for drug trafficking, terrorism, procuring, extortion or for a crime committed as part of an organised gang.
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 periods 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. This decision may be renewed once under the same terms and conditions.
The provisions of this article are applicable until the settlement order.