Pre-trial detention - Delayed appearance

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

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  • Delayed appearance
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A deferred appearance is a procedure that allows public prosecutor to bring a person to trial within two months of the end of his police custody.

The deferred appearance is used when certain results of the investigation or expert opinions are missing at the end of police custody.

The person complained of may be remanded in custody pending trial.

Pre-trial detention is possible if the offense who is charged with an offense shall be punished by imprisonment for three years or more.

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.

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.

Appeals

The person detained can do call of the order made within ten days.

The appeal may be made immediately after the hearing by a statement to the graft of the JLD.

Once the person is detained, the appeal must be made by means of a declaration of appeal form filed with the Registry of the penitentiary institution.

The detainee may also instruct his lawyer to appeal.

The appeal is heard by the investigating chamber of the court of appeal.

The person is detained until his trial.

The trial must take place at the latest within 2 months after the judge's decision.

Pre-trial detainee must be released if the trial did not take place within 2 months who follow his detention.

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