Legislative part

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…

When an accused person is remanded in custody, the examining magistrate may decide to prohibit him/her from corresponding in writing with one or more persons that he/she designates, in view of the requirements of the investigation, the maintenance of good order and security or the prevention of offences. For the same reasons, he may decide to withhold correspondence written by the detainee or addressed to him. The decisions referred to…

The remand in custody of a person who, during questioning by the investigating judge prior to referral to the liberty and custody judge, makes it known that that he/she has sole parental authority over a minor of no more than sixteen years of age residing with him/her may not be ordered without one of the services or persons referred to in the seventh paragraph of article 81 having first been…

If, in the course of the investigation, it appears that the case cannot be classified as a criminal offence, the investigating judge may, after communicating the case file to the public prosecutor for the purpose of making requisitions, either refer the matter by reasoned order to the liberty and custody judge for the purpose of maintaining the person under investigation in pre-trial detention, or prescribe his release with or without…

In all cases, release with or without judicial supervision may be ordered ex officio by the examining magistrate after receiving the opinion of the public prosecutor, on condition that the person under investigation undertakes to attend all the proceedings as soon as he or she is requested to do so and to keep the examining magistrate informed of all his or her movements. The public prosecutor may also request release…