E/CN.4/1995/31/Add.4 page 5 release of the person concerned without delay. It should be made clear that, under article 68, paragraph 2, the order for police custody must clearly indicate the reasons why this measure must be taken and the date thereof. A copy of the order must be given to the person concerned. 15. According to article 69, paragraph 1, the period of police custody cannot exceed three days, renewable once if the investigation so requires. In exceptional cases, this maximum period of time, totalling six days, may be extended once again, but not for more than three days. In any event, no extension can take place without the approval of the prosecutor at the corresponding level. Upon expiry of the period of police custody and if the investigation has not revealed sufficient reasons for the institution of proceedings against the person concerned, he must be immediately released. The period of police custody is included in the prison term. (ii) Pre-trial detention 16. Under article 70 of the Code of Criminal Procedure, pre-trial detention may be imposed on a person who has committed a serious crime or offence punishable by a penalty of one year or more under the Penal Code and when there are serious risks that he may get away, obstruct the investigation or commit another crime. Pre-trial detention takes place only in centres intended for this purpose. Each province has at least one centre. 17. Except in special circumstances, pre-trial detention cannot be imposed on weak elderly persons, seriously ill persons or women who are pregnant or breast feeding an infant aged under one year. Instead, such persons may be subjected to other corrective measures such as house arrest or bail (art. 76). Persons who, under article 62 of the Code of Criminal Procedure, are entitled to issue an arrest warrant (people’s prosecutor and his deputy, military prosecutors at all levels, the president and vice-president of people’s courts at all levels, the district police commissioner and his deputy, etc.) are the only ones authorized to issue a warrant of detention. However, this warrant must be approved by the prosecutor’s office at the corresponding level before it is served if it is issued by a police commissioner or his deputy or by the head or deputy head of investigation services at all levels in the armed forces of the people. Like an arrest warrant, a detention warrant must be notified to the detainee’s family. However, the family of an untried prisoner does not have visiting rights, since that might obstruct the investigation. (b) Investigation stage 18. In accordance with article 92 of the Code of Criminal Procedure, investigations are conducted by: (i) (ii) (iii) The investigation services in the security police forces; Such services in the armed forces in the case of offences within the jurisdiction of the military courts; and The people’s prosecutor’s offices.

Select target paragraph3