When arrested on the basis of a reasonable suspicion by the police, they can detain you for a maximum of 24 hours. After the expiration of this period, the prosecutor may detain you for another 72 hours. Before issuing such a decision, he / she must formally charge you for having committed a crime. There must be reasonable suspicion for such a charge based on facts and a clear legal basis for such detention. The facts must correspond to the elements of crime as defined in the Criminal Code.
Before the detention period of 72 hours expires, you must be brought before a court for the purpose of determining the remand measure. At this point, the judge must see you personally, and you have the right to be represented by a defense counsel, including an ex officio one if you have not hired a lawyer before the hearing. The court may decide to keep you in custody only on the grounds prescribed by law.
Read more about the reasons for pre-trial detention.
Article 5 (3)
29 April 1999
9 December 1988
16 December 2014