Subsection 3: Pre-trial detention

Subject to the provisions of Article 137, pre-trial detention may only be ordered or extended in one of the cases listed below: 1° The person under investigation is facing a criminal sentence; 2° The person under investigation is facing a correctional sentence of three years’ imprisonment or more. Pre-trial detention may also be ordered under the conditions provided for in Article 141-2 when the person under investigation voluntarily evades the…

Pre-trial detention may only be ordered or extended if it is shown, in the light of the precise and detailed elements resulting from the proceedings, that it constitutes the sole means of achieving one or more of the following objectives and that these cannot be achieved in the case of placement under judicial supervision or house arrest with electronic surveillance: 1° To preserve evidence or material clues that are necessary…

Pre-trial detention may not exceed a reasonable length of time, having regard to the seriousness of the offences with which the person under investigation is charged and the complexity of the investigations necessary to establish the truth. Without prejudice to the provisions of Article 803-8 guaranteeing a person’s right to be held in conditions that respect their dignity, the investigating judge or, if the matter is referred to him, the…

Where release is ordered on the basis of the provisions of articles 143-1,144,144-1,145-2,145-3 or 706-24-3, but that it is likely to place the victim at risk, the court shall place the person under investigation under judicial supervision by subjecting him or her to a ban on receiving or meeting the victim or having any contact whatsoever with him or her pursuant to the provisions of 9° of Article 138. The…

The liberty and custody judge to whom an order is referred by the investigating judge seeking the detention of the person under investigation shall cause that person to appear before him, assisted by his lawyer if one has already been appointed, and shall proceed in accordance with the provisions of this article. In the light of the information in the case file and after having, if he or she considers…

In criminal cases, pre-trial detention may not exceed four months if the person under investigation has not already been sentenced for an ordinary felony or misdemeanour either to a criminal penalty or to an unsuspended prison sentence of more than one year and when he or she is facing a sentence of five years or less. In other cases, as an exceptional measure, the liberty and custody judge may decide…

In criminal matters, an accused person may not be held in custody for more than one year. However, subject to the provisions of article 145-3, the liberty and custody judge may, on expiry of this period, extend the detention for a period of no more than six months by means of a reasoned order in accordance with the provisions of Article 137-3 and made after an adversarial hearing organised in…

Where the duration of pre-trial detention exceeds one year in criminal cases or eight months in misdemeanour cases, decisions ordering its extension or rejecting applications for release must also include the specific indications that justify the continuation of the investigation in this case and the foreseeable time for completion of the proceedings. However, it is not necessary for the extension order to indicate the nature of the investigations that the…

When an accused person is remanded in custody, the examining magistrate may impose a communication ban for a period of ten days. This measure may be renewed, but only for a further period of ten days. Under no circumstances does the gag order apply to the defendant’s lawyer. Subject to the foregoing provisions, any person remanded in custody may, with the authorisation of the investigating judge, receive visits in their…