E/CN.4/2001/66/Add.2 page 36 Republic said that the prosecutor in charge on the initial criminal investigation may sometimes also be in charge of the one regarding allegations that the confessions had been obtained unlawfully. He admitted that, even though there might be a conflict of interest, this situation often occurs in small places. C. Provisional (pre-trial) detention 103. There are two kinds of provisional detention. 1. Preventive detention 104. An order of preventive detention (prisão preventiva) may be issued by a judge at the official request of a police authority or a public prosecutor when the two following conditions are met: (a) there is material evidence that a crime was committed; and (b) there is sufficient evidence of the authorship of the crime. The detention of the suspect must also be necessary to (a) safeguard public order; (b) safeguard economic order; (c) the securing of evidence; or (d) ensure that the suspect will not abscond.15 Article 10 of the Code of Criminal Procedure provides that the police inquiry must be completed within 10 days of the arrest when the suspect is under preventive detention or in detention following an arrest in flagrante.16 2. Temporary detention 105. Temporary detention (prisão temporária, also called prisão para investigação) has to be decreed by a judge at the official request of a police authority or a public prosecutor within a period of 24 hours of the receipt of the official request.17 The judge may, at his/her own discretion or at the request of the public prosecutor or the lawyer, determine that a detainee must be brought before him/her, request information and clarification from the police and order an examination of the corpus delicti.18 After temporary detention has been ordered, a detention warrant must be issued, a copy of which is to be delivered to the prisoner as a notification of the charges against him/her (nota de culpa).19 It is the Special Rapporteur’s understanding that the use of the term nota de culpa by both detainees and civil society referred in most cases to a confession, and not to the notification of charges as provided for in the law. The Special Rapporteur has therefore retained the terminology used by his interlocutors, in particular with respect to interviews of detainees (see annex). 106. “Temporary detention shall be applicable when: (a) it is essential for police investigations; (b) the defendant does not have a fixed residence or does not provide required elements for the clarification of his/her identity; and (c) there are well-founded reasons, in accordance with any proof admitted in the criminal legislation, that the defendant committed or participated in the following crimes: wilful homicides (article 121 of the Penal Code), kidnapping or private imprisonment (art. 148), robbery (art. 157), extortion (art. 158), extortion through kidnapping (art. 159), rape (art. 213), indecent exposure (art. 214), violent kidnapping (art. 219), epidemic resulting in death (art. 267), poisoning of drinking water or of food products or medical substances resulting in death (art. 270), participation in gangs or criminal groups (art. 288), genocide (articles 1 to 3 of the Law No. 2,899 of 21 October 1967), drug trafficking (article 12 of Law No. 6,368 of 21 October 1976) and crimes against financial system (Law No. 7,492 of 26 June 1986). It is reported that the jurisprudence and opinio juris have