NATIONAL LEGAL AND POLICY FRAMEWORK CONCERNING DEFENDANTS AND PERSONS DEPRIVED
OF LIBERTY WITH INTELLECTUAL AND/OR PSYCHOSOCIAL DISABILITIES IN LAW AND PRACTICE
56
1. At least one of the grounds for detention provided
for in the Code of Criminal Procedure and all the
conditions for detention are established;
2. It is immediately necessary to restrain the person's
liberty in order to achieve the objectives set out in
Article 119 of the Code of Criminal Procedure (to
ensure participation in the proceedings, to ensure
the smooth conduct of the pre-trial investigation,
the trial and the execution of the sentence, and to
prevent new criminal offences);
3. There is no possibility to apply to the court for
remand in custody as a matter of extreme urgency.
Any person apprehended by a pre-trial investigation
officer or other person must be notified to the prosecutor
as soon as possible and provided with the documents on
which the person was apprehended or a copy of those
documents. The public prosecutor, having consulted
the documents relating to the person's temporary
apprehension, shall immediately assess the lawfulness
and justification of the temporary apprehension. After
assessing the lawfulness and validity of the person's
temporary apprehension, the public prosecutor shall
confirm or revoke the temporary apprehension (Article
140 of the Code of Criminal Procedure). The amendment
also introduced the right to appeal against temporary
apprehension, and if the judge upholds the appeal, the
person must be released immediately, unless the person
is remanded in custody.
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