Section 7: Judicial supervision, house arrest and pre-trial detention

Any accused person, presumed innocent, remains free. However, due to the requirements of the investigation or as a security measure, he or she may be subject to one or more obligations of judicial supervision or, if these prove insufficient, be placed under house arrest with electronic surveillance. Exceptionally, if the obligations of judicial supervision or house arrest with electronic surveillance do not enable these objectives to be achieved, he or…

The liberty and custody judge may be replaced, in the event of a vacancy, absence or impediment, by a judge of the first grade or outside the hierarchy designated by the president of the judicial court. If these judges are unable to act, the president of the judicial court may appoint a judge of the second grade. For the organisation of weekend service or reduced service during the period in…

Judicial supervision is ordered by the investigating judge, who rules after hearing the public prosecutor’s submissions. Judicial supervision may also be ordered by the liberty and custody judge, when the matter is referred to him.

The liberty and custody judge rules by means of a reasoned order. When he orders or extends pre-trial detention or rejects an application for release, the order must include a statement of the legal and factual considerations on the inadequacy of the obligations of judicial supervision or house arrest with electronic surveillance and the reason for detention by reference solely to the provisions of the articles 143-1 et 144. In…

When the examining magistrate receives a request from the public prosecutor to remand the person in custody, and considers that this detention is not justified, and decides not to transfer the case file to the liberty and custody judge, he or she is required to give a ruling without delay by means of a reasoned order, which is immediately brought to the attention of the public prosecutor. In criminal matters…