I.-The request is declared by the requesting party or his lawyer in the following manner:
1° Where the applicant is remanded in custody, the declaration is made to the investigating judge’s registry if an investigation is underway, to the public prosecutor’s secretariat if the criminal court is seised, or to the public prosecutor’s secretariat if the criminal appeals chamber or the assize court is seised or if an appeal in cassation is underway;
2° If the claimant has been placed under extradition detention, the declaration must be made to the Public Prosecutor’s secretariat;
3° Where the applicant has been sentenced, the declaration must be made to the clerk’s office of the sentence enforcement judge;
The request is recorded, dated and signed by the department to which it is made.
The declaration may also be made by registered letter with acknowledgement of receipt.
Where the requesting party is remanded in custody or extradition, the examining magistrate, the public prosecutor or the public prosecutor shall forward the request to the liberty and custody judge by any means, including electronically, on the same day or on the first working day thereafter, together with any observations he or she may have on the admissibility of the request.
If the requesting party is remanded in custody or extradition, the examining magistrate, the public prosecutor or the public prosecutor shall forward the request to the liberty and custody judge by any means, including electronically.
II. – In all cases, the declaration may also be made by the applicant to the head of the prison. To this end, the detainee will be given a request form equivalent to a declaration, to which he or she may attach a supplementary document. This form can be obtained by the applicant from the prison registry, the examining magistrate’s registry or the enforcement of sentences registry.
The applicant may be assisted in drafting the application by any person authorised to intervene in detention.
The application is recorded, dated and signed by the applicant.
The application is recorded, dated and signed by the head of the prison. The latter shall forward the application on the same day or the first working day thereafter, in original or copy and by any means, where applicable by electronic means, to the registry or secretariat mentioned in I, according to the distinctions provided for by these provisions.