A/HRC/4/40/Add.4 page 11 4. Detention in the context of criminal proceedings (a) Police power to arrest 33. The criminal procedure code defines the circumstances under which the police can proceed to arrest a person without a judicial order or warrant, mostly in flagrante delicto or immediately after the commission of an offence. Within six hours from the arrest, the police have to inform the public prosecutor and the judge competent for the arrest. If the arrest was carried out by the preventive police, the person shall be immediately placed at the disposal of the DGIC (art. 175 CPP). 34. At the time of arrest, the police have to inform the arrestee “with the greatest clarity possible” about: − The motives of the detention; − The right to contact a family member or other person of his or her choice; − The right to be assisted by a lawyer; − The right to be seen by a forensic doctor; − The right to remain silent and not to make statements against himself or herself and/or a member of his family or household, and the fact that only statements made before a competent judge will have evidentiary value (CPP, art. 282.6). 35. Moreover, at the time of the arrest the police are to record in a publicly accessible register all information relating to the place and time of the arrest (CPP, art. 282.7-8). (b) Preventive detention ordered by the public prosecutor 36. The public prosecutor can order the preventive detention of a person suspected of having committed an offence for up to 24 hours (including the hours spent in police custody). All detention thus ordered shall be brought to the attention of the competent judge without delay (CPP, art. 176). (c) Judicial preventive detention 37. If the prosecutor takes the view that preventive detention is necessary beyond the initial 24 hours, an order placing the arrestee at the disposal of the competent judge within 24 hours needs to be taken. At this stage, the prosecutor can request an extension of the detention for up to six days, for which the arrestee shall be taken to the courthouse (CPP, art. 286). The judge informs the arrestee of his rights, including the right to be assisted by a lawyer and to remain silent, and the arrestee makes a statement. If an order of continuation of the detention is issued, it is carried out at a prison facility and no longer at police holding cell and the next hearing (the initial hearing) shall take place within six days at the latest. The following hearing (the “preliminary hearing”) shall be held within 60 days, or in complex cases within 120 days, of the initial hearing (CPP, art. 300). The judge shall decide on the trial date