When an order for the release of a person placed in pre-trial detention is made by the liberty and custody judge or the examining magistrate contrary to the requests of the public prosecutor, this order is immediately notified to this magistrate. For a period of four hours from notification of the order to the public prosecutor, and subject to the application of the provisions of the last paragraph of this article, the person under investigation may not be released and this decision may not be sent for execution to the head of the prison.
The public prosecutor may lodge an appeal against the order with the clerk of the liberty and custody judge or the examining magistrate, at the same time referring the matter to the first president of the court of appeal for summary detention, in accordance with the provisions of article 187-3; the appeal and the summary detention shall be mentioned on the order. The accused person and his lawyer are notified at the same time as they are notified of the order, which may not be enforced and the person remains detained until the decision of the first president of the court of appeal and, where applicable, that of the investigating chamber has been taken. The accused and his lawyer are also informed of their right to make written submissions to the First President of the Court of Appeal. If the public prosecutor fails to lodge an application for interim release, within four hours of being notified of the order for release, the order, bearing a note from the court clerk indicating that there is no application for interim release, is sent to the head of the prison and the person is released unless he or she is being held for another reason.
If the public prosecutor, having made an order for continued detention, nevertheless considers that he or she has no reason to oppose the immediate release of the person, and without prejudice to his or her right to lodge a subsequent appeal within the period provided for by article 185, he returns the order to the magistrate who issued it, stating on it that he has no objection to its enforcement. The person is then released, if not detained for another reason.