In application of article 367, the judgment of the assize court shall be valid as a detention order until the period of detention has reached that of the sentence pronounced, without prejudice to the accused’s right to apply for release, where:
the accused is in custody at the time the judgment is handed down and is sentenced, for a felony or misdemeanour, to a term of criminal imprisonment or a term of fixed imprisonment;
the accused is not in custody at the time the judgment is handed down and is sentenced for a felony to a term of criminal imprisonment.
The judgment of the assize court does not constitute a detention order but the court may, by special reasoned decision, decide to issue a committal order, with immediate or deferred effect, if the elements of the case justify a particular security measure, when:
-the accused is not in custody at the time the judgment is handed down and is sentenced, for a felony, to a fixed term of imprisonment;
-the accused is not in custody at the time the judgment is handed down and is sentenced, for a misdemeanour, to a fixed term of imprisonment of one year or more. In this case, the warrant of committal with deferred effect can only be issued if the prison sentence is at least six months.
For the purposes of Article 367 and this Article, an accused person who is detained in connection with the proceedings before the Assize Court shall be deemed to be detained.
Where a committal order or committal order with deferred effect is issued, it shall be immediately signed and sealed by the President of the Assize Court at the end of the hearing.
When a deferred committal order is issued, the provisions of article D. 45-2-3 are applicable. The court may enforce the warrant provisionally in the cases provided for in 2° and 3° of article D. 45-2-1-1.