Pretrial detention - Immediate appearance

Verified 28 juillet 2026 - Public Service / (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 custody.

At the end of police custody, the public prosecutor may decide to have a defendant tried immediate appearance.

If the immediate appearance cannot take place on the same day, the accused person may be remand in custody pending trial.

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

  • Preserve evidence or clues
  • Prevent pressure on witnesses or their families
  • Prevent pressure on victims or their families
  • Prevent fraudulent consultation between the accused person and his co-perpetrators or accomplices (for example, to prevent them from agreeing on a false version of the facts)
  • Ensure that the accused person remains at the disposal of the courts
  • Terminate the offense or avoid its renewal.

Judge of Liberties and Detention

Pre-trial detention is requested by the public prosecutor. He must seize the Judge of Liberties and Detention (JLD).

The JLD decides on remand in custody after listening to any representations made by the person complained against or his lawyer.

FYI  

If the hearing for an immediate appearance begins but the case ultimately cannot be tried, the correctional court may decide to place defendant in pre-trial detention. The court does not need to refer the case to the JLD.

Decision

The JLD makes a prescription which is notified to the accused person.

This order may provide for pre-trial detention.

If the judge refuses Detention, he can make an order of placement under judicial review or an order of placement under an electronic bracelet.

He is not not possible to do call the order for remand in custody.

The person is detained until his trial. The trial must take place within 3 working days which follow the decision of the judge.

FYI  

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

The detained person must be released if his trial did not take place within 3 working days which follow remand in custody.

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