E/CN.4/1995/31/Add.4
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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.