In any matter, a person remanded in custody or their lawyer may, at any time, request their release, subject to the obligations set out in Article 147. However, on pain of inadmissibility, no application for release may be made as long as the liberty and custody judge has not ruled on a previous application within the time limits provided for in the third paragraph of this article. Such inadmissibility shall apply ipso jure without being established by order of the investigating judge.
The application for release shall be addressed to the investigating judge, who shall immediately communicate the file to the public prosecutor for the purpose of making requisitions.
Unless he grants the request, the investigating judge must, within five days of the communication to the public prosecutor, forward it with his reasoned opinion to the liberty and custody judge. This judge shall rule within three working days, in an order containing a statement of the legal and factual considerations that form the basis of this decision by reference to the provisions of article 144. However, where an appeal against a previous order refusing release has not yet been decided, the aforementioned time limits do not begin to run until the competent court has handed down its decision. Where several requests for release have been made, these various requests may be answered within the aforementioned time limits by a single decision.
Release, when granted, may be accompanied by measures of judicial supervision.
If the liberty and custody judge fails to rule within the time limit set in the third paragraph, the person may refer his request directly to the investigating chamber which, on the written and reasoned application of the public prosecutor, shall rule within twenty days of the referral failing which the person shall be released automatically unless checks concerning his request have been ordered. The Public Prosecutor also has the right to refer the matter to the Investigating Chamber under the same conditions.
The Public Prosecutor’s Office has the right to refer the matter to the Investigating Chamber under the same conditions.