Release may also be requested in any case by any person under investigation, any defendant or any accused person, and at any stage of the proceedings.
When a trial court is seised, it is responsible for ruling on pre-trial detention. However, in criminal cases, the assize court only has jurisdiction when the application is made during the session in which it is to try the accused. In other cases, the request is examined by the Investigating Chamber.
In the event of an appeal and until the Court of Cassation has ruled, the request for release is decided by the court that last heard the case on the merits. If the appeal has been lodged against a judgement of the assize court, the detention is decided by the investigating chamber.
In the event of a decision of lack of jurisdiction and generally in all cases where no court is seised, the investigating chamber hears applications for release.