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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