Legislative part

In all matters and at all stages of the proceedings, except where there is a serious risk that the offence will be repeated, the release of a person remanded in custody may be ordered, ex officio or at the request of the person concerned, where a medical assessment establishes that the person is suffering from a life-threatening condition or that his or her state of physical or mental health is…

In any matter, a person remanded in custody or their lawyer may, at any time, request their release, subject to the obligations set out in Article 147. However, on pain of inadmissibility, no application for release may be made as long as the liberty and custody judge has not ruled on a previous application within the time limits provided for in the third paragraph of this article. Such inadmissibility shall…

Release may also be requested in any case by any person under investigation, any defendant or any accused person, and at any stage of the proceedings. When a trial court is seised, it is responsible for ruling on pre-trial detention. However, in criminal cases, the assize court only has jurisdiction when the application is made during the session in which it is to try the accused. In other cases, the…

When an order for the release of a person placed in pre-trial detention is made by the liberty and custody judge or the examining magistrate contrary to the requests of the public prosecutor, this order is immediately notified to this magistrate. For a period of four hours from notification of the order to the public prosecutor, and subject to the application of the provisions of the last paragraph of this…

Any court called upon to rule, pursuant to articles 141-1 and 148-1, on an application to lift all or part of the judicial supervision order or on an application for release, shall make its decision after hearing the public prosecutor, the accused, who shall be notified in advance of his right to remain silent about the facts of which he is accused, or his lawyer; the accused who is not…

Prior to release, the person under investigation must make the declaration of address provided for in the fourth paragraph of Article 116. The person under investigation is informed that he or she must inform the investigating judge of any change in the address declared, by new declaration or by letter with acknowledgement of receipt, until the investigation is closed. He or she is also advised that any notification or service…

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…