E/CN.4/2000/4/Add.2
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presumption of innocence (art. 6) and from the possibility of appeal and
cassation (art. 67) (on the implementation of these provisions, see
paras. 69-70 below).
33.
Preventive detention, if considered necessary for the purposes of the
police investigation, is regulated as follows (arts. 24-37). Upon expiration
of the 24-hour period after arrest, the police investigators must provide the
person concerned with a detention order, which remains in effect for 20 days.
The order can be extended, if necessary, for a period of 40 days, with the
authorization and under the supervision of the prosecutor, or at his own
initiative after examining the file. After this first 60-day period - during
which the detained person need not be presented before the prosecutor another extension can be ordered, if considered necessary, for a period not
exceeding 20 days. This second extension must be authorized by a judge.
After transmittal of the file to the tribunal of first instance, the judge in
charge of the case can grant another extension for 30 days. This may be
followed, upon decision of the president of the tribunal, by a supplementary
60 days if considered necessary for the completion of file work and
investigation of the case.
34.
In the event of appeal, the court can order another extension of the
detention order for a period of 30 days, followed, if necessary, by another
period of 60 days upon decision of the President of the Court of Appeal. If
the case goes to the Supreme Court on cassation, the detention can yet again
be extended for 50 days by a collegiate body of that Court (the “Petty Bench”)
and for another 60 days by decision of the President of the Supreme Court. If
the accused has not been brought to trial after these 110 days, he must be
released. The maximum length of detention before trial and judgement is
therefore 400 days.
35.
Throughout the investigation, the accused may call witnesses. At every
stage, a decision prolonging detention must be notified to the accused. At
any time during the procedure and especially on the occasion of a request for
prolongation of detention, if the investigation is completed, the accused can:
Either be sent to appear before the court; in this case, the case file
is forwarded to the prosecutor;
Or be purely and simply released if the offence has not been proved, if
the charges are insufficient or if the detention was declared illegal
following a habeas corpus request (“pre-trial hearing”);
Or be released conditionally or on bail (possibly on bail posted by a
relative), so that he may appeal before the court at liberty. During
the first 20 days of detention, the amount of bail is determined by the
police and can be challenged before a judge.
3.
The habeas corpus procedure
36.
The so-called “pre-trial hearing” - a procedure which displays all the
characteristics of habeas corpus - is regulated in detail by articles 77 to 83
of the Code of Criminal Procedure. It is conducted as follows.