Subsection 3: Pre-trial detention

After a period of four months has elapsed since the last appearance before the examining magistrate or the magistrate delegated by the examining magistrate, and as long as the settlement order has not been made, the detainee or his lawyer may apply directly for release to the investigating chamber, which shall rule in accordance with the conditions set out in Article 148 (last paragraph).

In any matter and at any stage of the proceedings, any person remanded in custody may, in exceptional circumstances, be authorised to leave under escort in accordance with procedures laid down by decree. Decisions granting or refusing such authorisations may be appealed in accordance with the last paragraph of Article 145-4-2.

Any application for the release or modification of judicial supervision or for release must be declared to the registrar of the investigating court hearing the case or to the registrar of the court with jurisdiction under article 148-1. It must be recorded and dated by the registrar, who signs it together with the applicant or his lawyer. If the claimant is unable to sign, this is noted by the court…

When the person under investigation, the accused or the defendant is detained, the application for release may also be made by means of a declaration to the head of the penitentiary establishment. This declaration is recorded and dated by the head of the prison, who signs it, together with the applicant. If the latter is unable to sign, this is noted by the head of the establishment. This document shall…

Where the person under investigation intends to refer the matter to the Investigating Chamber pursuant to the provisions of Articles 140, third paragraph, 148, sixth paragraph, or 148-4, his request is made, in the forms provided for by articles 148-6 and 148-7, to the clerk of the relevant investigating chamber or to the head of the prison, who will ensure that it is forwarded. Where the president of the investigating…