Pre-trial detention - Immediate appearance

Verified 03 juillet 2025 - Directorate of Legal and Administrative Information (Prime Minister), Ministry of Justice

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  • Immediate appearance
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Immediate appearance is a procedure that allows a person to be tried immediately after his or her sentence police custody.

At the end of police custody, the public prosecutor may decide to bring a person to trial on immediate appearance.

If the immediate appearance cannot take place on the same day, the accused person may be pre-trial detention pending trial.

The pretrial detention may be ordinate only if a judicial review or the wearing an electronic bracelet are not sufficient to reach one or more of the objectives following:

  • Retain evidence or clues
  • Prevent pressure on witnesses or their families
  • Preventing pressure on victims or their families
  • Prevent fraudulent consultation between the accused person and his co-authors or accomplices (for example, to avoid agreement on a false version of the facts)
  • Ensure that the accused person remains at the disposal of the judiciary
  • Terminate the infringement or avoid its renewal.

Judge of Liberties and Detention

Pre-trial detention is requested by the Public Prosecutor. He must seize the liberty and detention judge (JLD).

The JLD decides on remand in custody after having heard any observations of the person complained against or his lawyer.

FYI  

If the immediate hearing begins but the case cannot finally be heard, the correctional court may decide to place the defendant in pretrial detention. The court does not need to refer the case to the JLD.

Decision

The JLD makes a ordinance who is notified to the person complained against.

This order may provide for remand in custody.

If the judge refuses on detention, he may issue a detention order placement under judicial review or an order of electronic wristband placement.

He's can't do call the order for remand in custody.

The person is detained until trial. The trial must take place within 3 working days that follow the judge's decision.

FYI  

If the person is not remanded in custody, the trial must take place within 10 days to 6 months.

Detained person must be released if his trial did not take place within 3 working days who follow the remand in custody.

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