The appeal does not have suspensive effect.
However, the public prosecutor may ask the first president of the court of appeal or his delegate to declare his appeal suspensive when it appears to him that the person concerned does not have effective guarantees of representation or in the event of a serious threat to public order. In this case, the appeal, accompanied by the request referring to the absence of effective guarantees of representation or the serious threat to public order, is lodged within ten hours of notification of the order to the public prosecutor and forwarded to the first president of the court of appeal or his delegate. The latter shall decide, without delay, whether to give suspensive effect to this appeal, depending on the guarantees of representation available to the foreign national or the serious threat to public order, by a reasoned order made after hearing the parties and which is not subject to appeal.
The person concerned shall be kept at the disposal of the justice system until this order is made and, if it gives suspensive effect to the Public Prosecutor’s appeal, until a ruling is made on the merits.