If, in the course of the investigation, it appears that the case cannot be classified as a criminal offence, the investigating judge may, after communicating the case file to the public prosecutor for the purpose of making requisitions, either refer the matter by reasoned order to the liberty and custody judge for the purpose of maintaining the person under investigation in pre-trial detention, or prescribe his release with or without judicial supervision.
The liberty and custody judge rules within three days from the date of referral by the examining magistrate.