Pretrial detention - Appearance at a delayed time

Verified 28 juillet 2026 - Public Service / (Prime Minister), Ministry of Justice

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  • Delayed appearance
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A delayed appearance is a procedure that allows the public prosecutor to have a person tried within 2 months after the end of his or her custody.

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

The person involved may be remanded in custody pending trial.

Pretrial detention is possible if the offense the accused is punished by a prison term of 3 years or more.

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.

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.

Remedies

The person detained can do call of the order made within 10 days.

The appeal may be made immediately after the hearing by declaration to the graft JLD.

Once the person is detained, the appeal must be made by a declaration of appeal form completed with the registry of the penitentiary institution.

The detainee may also instruct his lawyer to appeal.

The appeal shall be heard by the Investigative Chamber of the Court of Appeal.

The person is detained until his trial.

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

The person placed in pre-trial detention must be released if the trial did not take place within 2 months which follow his detention.

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