When an accused person is remanded in custody, the examining magistrate may impose a communication ban for a period of ten days. This measure may be renewed, but only for a further period of ten days. Under no circumstances does the gag order apply to the defendant’s lawyer.
Subject to the foregoing provisions, any person remanded in custody may, with the authorisation of the investigating judge, receive visits in their place of detention or telephone a third party.
On the expiry of a period of one month from the date of remand in custody, the investigating judge may refuse to issue a visit permit or to authorise the use of the telephone only by a written decision giving special reasons in the light of the requirements of the investigation, the maintenance of good order and security or the prevention of offences.
This decision is notified to the applicant by any means and without delay. The applicant may refer the decision to the President of the Investigating Chamber, who shall give a ruling within five days in a written, reasoned decision that may not be appealed. If the decision of the investigating judge is overturned, the president of the investigating chamber issues the visit permit or telephone authorisation.
After the close of the investigation, the powers of the investigating judge shall be exercised by the public prosecutor in accordance with the forms and conditions laid down in this article. The same applies in all other cases where a person is remanded in custody.
Failing a response from the investigating judge or the public prosecutor to the request for permission to visit or telephone within twenty days, the person may also refer the matter to the president of the investigating chamber.
When the proceedings are under appeal, the powers of the public prosecutor are assigned to the public prosecutor.