In the case provided for in the previous article, if it is impossible for the court to meet on the same day and if the elements of the case appear to him to require a measure of provisional detention, the public prosecutor may bring the accused before the juge des libertés et de la détention, ruling in chambers with the assistance of a court clerk.
The judge, after having carried out the checks provided for in the eighth paragraph of Article 41, shall rule on the public prosecutor’s request for pre-trial detention. After informing the accused of his right to remain silent, the judge takes any observations he or his lawyer may have. No appeal may be lodged against the order.
The judge may remand the accused in custody until he or she appears in court. The order prescribing detention shall be issued in accordance with the procedures laid down by the first paragraph of Article 137-3, and must include a statement of the considerations of law and fact which form the basis of the decision by reference to the provisions of 1° to 6° of l’article 144. This decision sets out the facts of the case and refers the matter to the court; it is notified orally to the accused and mentioned in the official report, a copy of which is given to him immediately. The accused must appear before the court no later than the third working day thereafter. If he fails to do so, he is automatically released.
If the judge considers that pre-trial detention is not necessary, he may subject the accused, until his appearance before the court, to one or more obligations of judicial supervision or place him under house arrest with electronic surveillance. The date and time of the hearing, set within the time limits laid down in article 394, are then notified to the person concerned either by the judge or his clerk, if this information has been given to them in advance by the public prosecutor, or, if this is not the case, by the public prosecutor or his clerk. However, if the proceedings concern several persons, some of whom are in custody, the person remains summoned to the hearing where the other detained defendants appear. Article 397-4 does not apply to him. If the accused placed under judicial supervision or under house arrest with electronic surveillance evades the obligations imposed on him, the provisions of the second paragraph of Article 141-2 shall apply.