126 9. The decision to order pretrial detention will be made in an oral hearing in which all parties participate, including the victim(s), thereby guaranteeing the principles of audi alteram partem and procedural immediacy, and the right to a public and rapid proceeding. Under certain circumstances, this requirement may be satisfied through the use of appropriate video technology. 10. The following are among the factors that may be considered when deciding the question of flight risk: (a) attachment, as determined by the defendant’s domicile, habitual residence, family home or place of business or work, and his or her ability to leave the country (or the state in the case of federal States) or remain hidden, as well as other factors that would influence the defendant’s attachment; (b) the defendant’s behavior during those proceedings to the extent that it is indicative of his or her willingness to undergo criminal prosecution, and in particular whether he or she was in contempt of court or concealed information concerning his/her identity or domicile, or provided a false one; or (c) the type of crime the accused is charged with and the severity of the foreseen sentence. 11. In determining whether a suspected offender threatens to obstruct the inquiry into the facts, consideration may be given to any indicia that give cause for a serious suspicion that the defendant: (a) will destroy, alter, conceal, suppress or falsify evidence; (b) will exert pressure on witnesses or experts to give false testimony or behave in a disloyal or reticent manner, or (c) induce others to engage in such conduct. 12. Pretrial detention shall not be ordered for minor criminal offenses, when there is only a mere suspicion that the suspect is criminally liable, when other alternative measures are available that can guarantee that the accused will appear for trial, for reasons of “public concern” or any other abstract legal concept, or in view of a possible long-term conviction. 13. Any provision requiring pretrial detention based on the type of the crime should be repealed. 14. Establish supervision mechanisms through which the situation of persons in pretrial detention is periodically reviewed to ensure that criminal proceedings move diligently and that any persons in pretrial detention who are not tried and convicted within a reasonable period of time are released until the proceedings come to their conclusion. The responsibility for ensuring that these periodic reviews are done shall rest with the prosecuting authority in charge of the case or the competent investigating judicial authority. When pretrial detention is no longer necessary, it must be lifted immediately.

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