Provisional Detention
LexInter | December 25, 2017 | 0 Comments

Provisional Detention

CODE OF CRIMINAL PROCEDURE
(Legislative Part)

Sub-section II: Pre-trial detention

Article 143-1

(Law n ° 2000-516 of June 15, 2000 art. 57 Official Journal of June 16, 2000 in force on January 1, 2001) (Law n ° 2002-307 of March 4, 2002 art. 5 Official Journal of March 5, 2002) (Law n ° 2002 -1138 of September 9, 2002 art. 37 Official Journal of September 10, 2002)

   Subject to the provisions of article 137, pre-trial detention may only be ordered or prolonged in one of the cases listed below:
   1 ° The charged person is liable to a criminal sentence;
   2 ° The charged person incurs a correctional sentence of a duration equal to or greater than three years of imprisonment.
   Pre-trial detention may also be ordered under the conditions provided for in article 141-2 when the indicted person voluntarily evades the obligations of judicial review.

Article 144

(Law nº 70-463 of July 17, 1970 art. 1 Official Journal of July 19, 1970) Law nº 81-82 of February 2, 1981 art. 40 and art. 51-ii Official Journal of February 3, 1981) (Law nº 83-466 of June 10, 1983 art. 19-i and 19-ii Official Journal of June 11, 1983 in force on June 27, 1983) (Law nº 87-1062 of 30 December 1987 art. 4 Official Journal of December 31, 1987 in force on September 1, 1989) (Law nº 89-146 of July 6, 1989 art. 21 Official Journal of July 8, 1989) (Law nº 89-461 of July 6, 1989 art. 4 Official Journal of July 8, 1989 in force on December 1, 1989) (Law nº 93-2 of January 4, 1993 art. 63 Official Journal of January 5, 1993 in force on March 1, 1993) (Law nº 96-1235 of December 30, 1996 art. 3 Official Journal of January 1, 1997 in force on March 31, 1997) (Law nº 2000-516 of June 15, 2000 art.

   Pre-trial detention can only be ordered or prolonged if it constitutes the only means:
   1 ° To preserve evidence or material clues or to prevent either pressure on witnesses or victims, or fraudulent consultation between persons under investigation and accomplices;
   2 ° To protect the person under investigation, to ensure that he is kept at the disposal of justice, to put an end to the offense or to prevent its renewal;
   3 ° To put an end to an exceptional and persistent disturbance to public order caused by the gravity of the offense, the circumstances of its commission or the extent of the damage it caused.

Article 144-1

(Law nº 87-1062 of December 30, 1987 art. 5 Official Journal of December 31, 1987 in force on September 1, 1989) (Law nº 89-461 of July 6, 1989 art. 21 Official Journal of July 8, 1989) (Law nº 96 -1235 of December 30, 1996 art. 4 Official Journal of January 1, 1997 in force on March 31, 1997) (Law nº 2000-516 of June 15, 2000 art. 132 Official Journal of June 16, 2000 in force on January 1, 2001)

   Pre-trial detention may not exceed a reasonable period, given the seriousness of the charges against the Charged Person and the complexity of the investigations necessary for the manifestation of the truth.
   The investigating judge or, if seized, the liberty and detention judge must order the immediate release of the person placed in pre-trial detention, in accordance with the procedures provided for in Article 147, as soon as the conditions provided for in Article 144 and in this Article are no longer fulfilled.

Article 145

(Law nº 70-643 of July 17, 1970 art. 1 Official Journal of July 19, 1970) (Law nº 75-701 of August 6, 1975 art. 1 Official Journal of August 7, 1975) (Law nº 84-576 of July 9, 1984) art. 9 and art. 19 Official Journal of August 10, 1984 in force on January 1, 1985) (Law nº 87-1062 of December 30, 1987 art. 6 Official Journal of December 31, 1987 in force on September 1, 1989) (Law nº 89 -461 of July 6, 1989 art. 21 Official Journal of July 8, 1989) (Law nº 89-461 of July 6, 1989 art. 5 Official Journal of July 8, 1989 in force on December 1, 1989) (Law nº 92-1336 of 16 December 1992 art. 17 Official Journal of December 23, 1992 in force on March 1, 1994) (Law nº 93-2 of January 4, 1993 art. 238 Official Journal of January 5, 1993 in force on March 1, 1993) (Law nº 93-2 of January 4, 1993 art.64 Official Journal of January 5, 1993 in force on January 1, 1994) (Law nº 93-1013 of August 24, 1993 art. 19 Official Journal of August 25, 1993 in force on September 2, 1993) (Law nº 96-1235 of December 30, 1996) art. 5 Official Journal of January 1, 1997 in force on March 31, 1997) (Law n ° 2000-516 of June 15, 2000 art. 52 and 96 Official Journal of June 16, 2000 in force on January 1, 2001)

   The liberty and detention judge seized by an order of the investigating judge tending to the placement in detention of the person under examination calls this person before him, assisted by his lawyer if this one has already been appointed, and proceeds in accordance with the provisions of this article.
   In view of the elements of the file and after having, if he considers it useful, gathered the observations of the person concerned, this magistrate informs the person under examination if he plans to place him in pre-trial detention.
   If he does not plan to place him in pre-trial detention, this magistrate, after having ordered the placement of the person under judicial supervision, if necessary, proceeds in accordance with the last two paragraphs of article 116 relating to the declaration of
   If he plans to order the person’s pre-trial detention, he informs him that his decision can only be taken after an adversarial debate and that he has the right to request a period of time to prepare his defense. . If the person of full age under examination or his lawyer so requests at the opening of the hearing, the adversarial debate takes place in public hearing, unless the publicity is likely to hinder the specific investigations required by the investigation or to harm the dignity of the person or the interests of a third party. The liberty and detention judge rules by reasoned order on this publicity request after having collected the observations of the public prosecutor, the person under investigation and his lawyer.
   If this person is not already assisted by a lawyer, he advises him that he is entitled to the assistance of a lawyer of his choice or appointed by his own authority. The lawyer chosen or, in the case of a request for an ex officio commission, the president of the bar association is notified by any means and without delay; mention of this formality is made in the minutes.
   The liberty and detention judge rules in a cabinet hearing, after an adversarial debate during which he hears the public prosecutor who develops his requisitions made in accordance with the third paragraph of article 82 then the observations of the person under examination and , where applicable, those of his lawyer.
   However, the judge of freedoms and detention cannot immediately order the placement in detention when the person under examination or his lawyer requests a period of time to prepare his defense.
   In this case, he may, by means of an order motivated by reference to the provisions of the previous paragraph and not subject to appeal, prescribe the person’s imprisonment for a fixed period which may in no case exceed four days. working days. Within this period, he summons the person again and, whether or not he is assisted by a lawyer, proceeds as stated in the sixth paragraph. If he does not order the person to be placed in pre-trial detention, he is automatically released.

   Provisional imprisonment is, where applicable, charged to the duration of the pre-trial detention for the application of Articles 145-1 and 145-2. It is assimilated to pre-trial detention within the meaning of article 149 of this code and article 24 of the penal code (article repealed, cf. article 716-4 of the code of penal procedure).

Article 145-1

(Law n ° 84-576 of July 9, 1984 art. 10 and 19 Official Journal of July 10, 1984 in force on January 1, 1985) (Law n ° 87-1062 of December 30, 1987 art. 7 Official Journal of December 31, 1987 in force on September 1, 1989) (Law nº 89-461 of July 6, 1989 art. 6 Official Journal of July 8, 1989 in force on December 1, 1989) (Law nº 93-2 of January 4, 1993 art. 239 Official Journal of January 5, 1993 in in force on March 1, 1993) (Law nº 93-2 of January 4, 1993 art. 65 Official Journal of January 5, 1993 in force on January 1, 1994) (Law nº 93-1013 of August 24, 1993 art. 19 Official Journal of August 25 1993 in force on September 2, 1993) (Law nº 96-1235 of December 30, 1996 art. 6 Official Journal of January 1, 1997 in force on March 31, 1997) (Law nº 96-1235 of December 30, 1996 art.6 Official Journal of January 1, 1997 in force on July 1, 1997) (Law n ° 2000-516 of June 15, 2000 art. 58 Official Journal of June 16, 2000 in force on January 1, 2001) (Law n ° 2002-1138 of September 9, 2002) art. 37 Official Journal of September 10, 2002)

   In correctional matters, pre-trial detention may not exceed four months if the person under examination has not already been sentenced for a crime or common law offense either to a criminal penalty or to a term of imprisonment without suspension of one. duration greater than one year and when it incurs a penalty less than or equal to five years.
   In other cases, exceptionally, the judge of freedoms and detention may decide to extend the pre-trial detention for a period which may not exceed four months by a reasoned order in accordance with the provisions of article 137-3 and issued after an adversarial debate organized in accordance with the provisions of the sixth paragraph of article 145, the lawyer having been summoned in accordance with the provisions of the second paragraph of article 114. This decision may be renewed according to the same procedure, subject to the provisions of l Article 145-3, the total duration of detention cannot exceed one year. However, this period is extended to two years when one of the acts constituting the offense has been committed outside the national territory or when the person is prosecuted for drug trafficking,
   Exceptionally, when the investigations of the investigating judge must be continued and the release of the indicted person would pose a particularly serious risk to the safety of persons and property, the investigating chamber may extend for a period of four months the period of two years provided for in this article. The investigative chamber, before which the personal appearance of the accused is legally required, is referred to by reasoned order of the judge of freedoms and detention according to the modalities provided for by the last paragraph of article 137-1, and it rules in accordance with the provisions of Articles 144, 144-1, 145-3, 194, 197, 198, 199, 200, 206 and 207.

Article 145-2

(Law n ° 89-461 of July 6, 1989 art. 6 Official Journal of July 8, 1989 in force on December 1, 1989)
(Law nº 93-2 of January 4, 1993 art. 240 Official Journal of January 5, 1993 in force on March 1, 1993)
(Law nº 93-2 of January 4, 1993 art. 66 Official Journal of January 5, 1993 in force on January 1, 1994)
(Law nº 93-1013 of August 24, 1993 art. 19 Official Journal of August 25, 1993 in force on September 2, 1993)
(Law nº 96-1235 of December 30, 1996 art. 7 Official Journal of January 1, 1997 in force on March 31, 1997)
(Law n ° 2000-516 of June 15, 2000, art. 59 and 132 Official Journal of June 16, 2000 in force on January 1, 2001)
(Law n ° 2002-1138 of September 9, 2002 art. 37 Official Journal of September 10, 2002)

   In criminal matters, the person under examination cannot be kept in detention for more than one year. However, subject to the provisions of article 145-3, the judge of freedoms and detention may, at the end of this period, extend the detention for a period which may not exceed six months by a reasoned order. in accordance with the provisions of article 137-3 and issued after an adversarial debate organized in accordance with the provisions of the sixth paragraph of article 145, the lawyer having been summoned in accordance with the provisions of the second paragraph of article 114. This decision may be renewed according to the same procedure.
   The person under examination cannot be kept in pre-trial detention beyond two years when the penalty incurred is less than twenty years of imprisonment or criminal detention and beyond three years in other cases. The time limits are raised to three and four years respectively when one of the acts constituting the offense has been committed outside the national territory. The period is also four years when the person is prosecuted for several crimes mentioned in books II and IV of the penal code, or for drug trafficking, terrorism, procuring, extortion or for a crime committed by an organized gang.
   Exceptionally, when the investigations of the investigating judge must be continued and the release of the indicted person would pose a particularly serious risk to the safety of persons and property, the investigating chamber may extend the periods provided for in this article for a period of four months. The investigative chamber, before which the personal appearance of the accused is legally required, is referred to by reasoned order of the judge of freedoms and detention according to the modalities provided for by the last paragraph of article 137-1, and it rules in accordance with the provisions of Articles 144, 144-1, 145-3, 194, 197, 198, 199, 200, 206 and 207. This decision may be renewed once under the same conditions and according to the same modalities.
   The provisions of this article are applicable until the settlement order.

Article 145-3

(Law n ° 93-2 of January 4, 1993 art. 67 Official Journal of January 5, 1993 in force on March 1, 1993)
(Law nº 96-1235 of December 30, 1996 art. 8 Official Journal of January 1, 1997 in force on March 31, 1997)
(Law n ° 2000-516 of June 15, 2000 art. 53 Official Journal of June 16, 2000 in force on January 1, 2001)

   When the duration of the pre-trial detention exceeds one year in criminal matters or eight months in tort matters, the decisions ordering its extension or rejecting the requests for release must also include the specific indications which justify the continuation of the case in this case. information and the foreseeable timeframe for the completion of the procedure.
   However, it is not necessary for the extension order to indicate the nature of the investigations which the investigating judge intends to carry out when this indication risks hindering the completion of these investigations.

Article 145-4

(Law nº 96-1235 of December 30, 1996 art. 8 Official Journal of January 1, 1997 in force on March 31, 1997)
(Law n ° 2000-516 of June 15, 2000 art. 83 Official Journal of June 16, 2000 in force on January 1, 2001)

   When the Charged Person is placed in pre-trial detention, the examining magistrate may order a ban on communication for a period of ten days. This measure can be renewed, but for a further period of ten days only. In any case, the prohibition to communicate does not apply to the lawyer of the person under investigation.
   Subject to the foregoing provisions, any person placed in pre-trial detention may, with the authorization of the examining magistrate, receive visits to his place of detention.
   At the end of a period of one month from the placement in pre-trial detention, the investigating judge may refuse to issue a visit permit to a member of the detained person’s family only by a written decision and specially motivated with regard to the needs of the instruction.
   This decision is notified by any means and without delay to the applicant. The latter can refer it to the president of the investigating chamber, who decides within five days by a written and reasoned decision that cannot be appealed. When he reverses the decision of the investigating judge, the president of the investigating chamber issues the visit permit.

Article 145-5

(Law n ° 2000-516 of June 15, 2000 art. 60 Official Journal of June 16, 2000 in force on January 1, 2001)
(Law n ° 2002-307 of March 4, 2002 art. 6 Official Journal of March 5, 2002)

   The placement in pre-trial detention of a person making it known, during his questioning by the examining magistrate prior to the referral to the liberties and detention judge, that he exercises exclusively parental authority over a minor of not more than sixteen years old and having his residence at home cannot be ordered without one of the services or one of the persons referred to in the seventh paragraph of Article 81 having been previously instructed to seek and propose all measures to avoid that the health, safety and morals of the minor are not in danger or that the conditions of his education are not seriously compromised.
   The provisions of this article are not applicable in the event of a crime, in the event of an offense committed against a minor or in the event of non-compliance with the obligations of judicial control.

Article 146

(Law nº 70-643 of July 17, 1970 art. 1 Official Journal of July 19, 1970)
(Law n ° 84-576 of July 9, 1984 art. 11 and art. 19 Official Journal of July 10, 1984 in force on January 1, 1985)
(Law n ° 93-2 of January 4, 1993 art. 179 Official Journal of January 5, 1993 in force on March 1, 1993)
(Law n ° 2000-516 of June 15, 2000 art. 54 Official Journal of June 16, 2000 in force on January 1, 2001)

   If it appears, during the investigation, that the criminal qualification cannot be retained, the investigating judge may, after having communicated the file to the public prosecutor for the purposes of requisitions, either refer by reasoned order to the judge. freedoms and detention for the purpose of keeping the Charged Person in pre-trial detention, or prescribing his release with or without judicial review.
   The liberty and detention judge rules within three days from the date of his referral by the investigating judge.

Article 147

(Law n ° 70-643 of July 17, 1970 art. 1 Official Journal of July 19, 1970 in force on January 1, 1971)
(Law n ° 93-2 of January 4, 1993 art. 182 Official Journal of January 5, 1993 in force on March 1, 1993)
(Law n ° 2000-516 of June 15, 2000 art. 55 Official Journal of June 16, 2000 in force on January 1, 2001)

   In any matter, release with or without judicial control may be ordered ex officio by the investigating judge after consulting the public prosecutor, with the charge of the person under examination to undertake to represent himself. to all the acts of the procedure as soon as it is required and to keep the examining magistrate informed of all his movements.
   The public prosecutor can also request it at any time. Unless he orders the release of the person, the examining magistrate must, within five days following the requisitions of the public prosecutor, send the file, together with his reasoned opinion, to the judge of freedoms and detention, which decides within three working days.

Article 148

(Law nº 70-643 of July 17, 1970 art. 1 Official Journal of July 19, 1970)
(Law n ° 84-576 of July 9, 1984, art. 12 and 19 Official Journal of July 10, 1984)
(Law n ° 85-1407 of December 30, 1985 art. 19-i, 19-ii, 94 Official Journal of July 31, 1985 in force on February 1, 1986)
(Law nº 86-1019 of September 9, 1986 art # 16 Official Journal of September 10, 1986)
(Law n ° 89-461 of July 6, 1989 art. 6 Official Journal of July 8, 1989 in force on December 1, 1989)
(Law n ° 93-2 of January 4, 1993, art. 183 and 224 Official Journal of January 5, 1993 in force on March 1, 1993)
(Law nº 93-1013 of August 24, 1993 art. 35 Official Journal of August 25, 1993 in force on September 2, 1993)
(Law n ° 2000-516 of June 15, 2000, art. 56 and 83 Official Journal of June 16, 2000 in force on January 1, 2001)

   In any matter, the person placed in pre-trial detention or his lawyer may, at any time, request his release, under the obligations provided for in the preceding article.
   The request for release is addressed to the examining magistrate, who immediately communicates the file to the public prosecutor for the purposes of requisitions.
   Unless he gives a favorable response to the request, the investigating judge must, within five days of the communication to the public prosecutor, forward it with his reasoned opinion to the judge of freedoms and detention. This magistrate decides within three working days, by an order setting out the legal and factual considerations which constitute the basis of this decision by reference to the provisions of article 144. However, when he has not not yet ruled on a previous request for release or on the appeal of a previous order refusing release, the aforementioned deadlines do not begin to run until the decision rendered by the competent court.
   Release, when granted, may be accompanied by measures of judicial review.
   If the judge of freedoms and detention fails to rule within the time limit set in the third paragraph, the person may directly submit their request to the investigating chamber which, on the written and reasoned requisitions of the public prosecutor, rule. within twenty days of the referral, failing which the person is automatically released unless verifications concerning his request have been ordered. The right to seize under the same conditions the chamber of the instruction also belongs to the public prosecutor.

Article 148-1

(Law n ° 70-643 of July 17, 1970 art. 1 Official Journal of July 11, 1970 in force on January 1, 1971)
(Law n ° 93-2 of January 4, 1993 art. 184 Official Journal of January 5, 1993 in force on March 1, 1993)
(Law n ° 2000-516 of June 15, 2000, art. 83 and 136 Official Journal of June 16, 2000 in force on January 1, 2001)

   Release can also be requested in any case by any person under investigation, any accused or accused, and during any period of the proceedings.
   When a trial court is seized, it is up to it to rule on pre-trial detention. However, in criminal matters, the Assize Court has jurisdiction only when the request is made during the session during which it must try the accused. In other cases, the request is examined by the investigating chamber.
   In the event of an appeal and until the judgment of the Court of Cassation, a decision is made on the request for release by the court which last heard of the case on the merits. If the appeal has been lodged against a judgment of the Assize Court, it is ruled on the detention by the investigating chamber.
   In the event of a decision of incompetence and generally in all cases where no jurisdiction is seized, the investigating chamber hears requests for release.

 

Article 148-1-1

(inserted by Law n ° 2002-1138 of September 9, 2002 art. 38 Official Journal of September 10, 2002 in force on November 1, 2002)

   When an order for the release of a person placed in pre-trial detention is issued by the judge of freedoms and detention or the examining magistrate contrary to the requisitions of the public prosecutor, this order is immediately notified to this magistrate. . During a period of four hours as from the notification of the order of the public prosecutor, and subject to the application of the provisions of the last paragraph of this article, the person under examination cannot be released and this decision cannot be addressed for execution to the head of the penitentiary establishment.
   The public prosecutor can appeal against the order before the clerk of the judge of freedoms and detention or of the examining magistrate, at the same time seizing the first president of the court of appeal for a summary. detention, in accordance with the provisions of article 187-3; the appeal and the summary detention are mentioned on the order. The indicted person and his lawyer are notified at the same time as they are notified of the order, which cannot be enforced, the person remaining in detention until the decision of the first president of the court has been reached. ‘appeal and, where applicable, that of the investigating chamber. The Charged Person and his lawyer are also advised of their right to make written submissions to the First President of the Court of Appeal. Failure on the part of the public prosecutor to have formed a summary detention order, within four hours from the notification of the release order, the latter, bearing a reference to the clerk indicating the absence of summary detention, is addressed to the head of the penitentiary and the person is released unless he is detained for another cause.
   If the public prosecutor, having made requests for continued detention, nevertheless considers that he does not have to oppose the immediate release of the person, and without prejudice to his right to subsequently lodge an appeal within the time limit provided by Article 185, he returns the order to the magistrate who issued it, mentioning on it that he does not oppose its execution. The person is then released, if not detained for any other reason.

Article 148-2

(Law nº 70-643 of July 17, 1970 art. 1 Official Journal of July 19, 1970)
(Law n ° 83-466 of June 10, 1983 art. 22 Official Journal of June 11, 1983 in force on June 27, 1983)
(Law nº 86-1019 of September 9, 1986 art. 17 Official Journal of September 10, 1986)
(Law n ° 93-2 of January 4, 1993 art. 224 Official Journal of January 5, 1993 in force on March 1, 1993)
(Law n ° 2002-1138 of September 9, 2002 art. 38 Official Journal of September 10, 2002)

   Any court called upon to rule, in application of articles 141-1 and 148-1, on a request for total or partial release of judicial review or on request for total or partial release of judicial review or on a request for release shall rule after hearing the public prosecutor, the accused or his lawyer; the non-detained defendant and his lawyer are summoned by registered letter at least forty-eight hours before the date of the hearing.
   When the person has not yet been tried in the first instance, the court seised decides within ten or twenty days of receipt of the request, depending on whether it is first or second degree. When the person has already been tried at first instance and is pending appeal, the court seised decides within two months of the request. When the person has already been tried in second instance and has lodged an appeal in cassation, the court seised decides within four months of the request.
   However, when, on the day of receipt of the request, a decision has not yet been taken either on a previous application for release or for the discharge of judicial review, or on the appeal of a previous decision refusing the release. in freedom or release from judicial review, the time limits provided for above do not begin to run until the decision rendered by the competent court. In the absence of a decision at the expiration of the time limits, the judicial review or the pre-trial detention is terminated, the accused, if he is not detained for another reason, being automatically released.
   The court’s decision is immediately enforceable notwithstanding an appeal; when the accused is kept in detention, the court rules within twenty days of the appeal, failing which the accused, if not detained for any other reason, is automatically released.

Article 148-3

(Law n ° 70-643 of July 17, 1970 art. 1 Official Journal of July 19, 1970 in force on January 1, 1971)
(Law n ° 85-1407 of December 30, 1985 art. 20 Official Journal of December 31, 1985)
(Law nº 93-2 of January 4, 1993 art. 185 Official Journal of January 5, 1993 in force on March 1, 1993)

   Prior to his release, the charged person to do, to the judge or the chief of the prison, the declaration of address referred to the third paragraph of Article 116.
   The person under examination is advised that it must notify the examining magistrate, until the closure of the information, by new declaration or by letter with acknowledgment of receipt, any change in the declared address. She is also advised that any notification or service made at the last declared address will be deemed to have been made to her person.
   Mention of this notice, as well as of the declaration of address, is entered either in the report or in the document which is sent without delay, in original or in copy, by the head of the penitentiary establishment to the judge of instruction.

Article 148-4

(Law n ° 75-701 of August 6, 1975 art. 2 Official Journal of August 7, 1975 in force on January 1, 1976)
(Law n ° 89-461 of July 6, 1989 art. 7 Official Journal of July 8, 1989 in force on December 1, 1989)
(Law n ° 93-2 of January 4, 1993, art. 186 and 224 Official Journal of January 5, 1993 in force on March 1, 1993)
(Law n ° 2000-516 of June 15, 2000 art. 83 Official Journal of June 16, 2000 in force on January 1, 2001)

   At the expiration of a period of four months since his last appearance before the investigating judge or the magistrate delegated by him and as long as the settlement order has not been issued, the detained person or his lawyer may seize directly from a request for release the investigating chamber which decides under the conditions provided for in Article 148 (last paragraph).

Article 148-5

(Law n ° 78-1097 of November 22, 1978 art. 6 Official Journal of November 23, 1978)
(Law n ° 93-2 of January 4, 1993 art. 179 Official Journal of January 5, 1993 in force on March 1, 1993)   In any matter and in any state of the investigative procedure, the investigating or trial court may, exceptionally, grant an authorization to leave under escort to the person under examination, the accused or the accused.

Article 148-6

(Law n ° 85-1407 of December 30, 1985 art. 21 and art. 94 Official Journal of December 31, 1985 in force on February 1, 1986)
 

(Law n ° 93-2 of January 4, 1993 art. 68 Official Journal of January 5, 1993 in force on March 1, 1993)

   Any request for the release or modification of the judicial review or for release must be declared to the clerk of the investigating court seized of the file or to that of the competent court under article 148- 1.
   It must be noted and dated by the clerk who signs it as well as the applicant or his lawyer. If the applicant cannot sign, this is mentioned by the clerk.
   When the person or his lawyer does not reside within the jurisdiction of the competent court, the declaration to the clerk can be made by means of a registered letter with acknowledgment of receipt.

Article 148-7

(Law n ° 85-1407 of December 30, 1985 art. 21 and art. 94 Official Journal of December 31, 1985 in force on February 1, 1986)
(Law n ° 93-2 of January 4, 1993 art. 179 Official Journal of January 5, 1993 in force on March 1, 1993)

   When the Charged Person, the Defendant or the Accused is detained, the request for release can also be made by means of a declaration to the head of the penitentiary establishment.
   This declaration is noted and dated by the head of the penitentiary establishment who signs it, as well as the applicant. If the latter cannot sign, this is mentioned by the head of the establishment.
   This document is sent without delay, in original or in copy and by any means, either to the clerk of the court seized of the file, or to that of the competent court according to the distinctions of article 148-1.

Article 148-8

(Law n ° 85-1407 of December 30, 1985 art. 21 and art. 94 Official Journal of December 31, 1985 in force on February 1, 1986)
(Law n ° 89-461 of July 6, 1989 art. 7 Official Journal of July 8, 1989)
(Law n ° 93-2 of January 4, 1993 art. 179 Official Journal of January 5, 1993 in force on March 1, 1993)
(Law n ° 2000-516 of June 15, 2000 art. 83 Official Journal of June 16, 2000 in force on January 1, 2001)   When the charged person intends to seize the investigating chamber in application of the provisions of articles 140, third paragraph, 148, sixth paragraph, or 148-4, his request is made, in the forms provided for by articles 148-6. and 148-7, to the clerk of the competent investigation chamber or to the head of the penitentiary establishment who ensures their transmission.
   When the president of the investigating chamber finds that this court has been directly seized, on the basis of articles 140, 148, sixth paragraph, or 148-4, of a request for the release of judicial control or for release manifestly inadmissible, it may decide, by a reasoned order which cannot be appealed against, that there is no need to rule on this request; in this case, the request and the order are placed in the record of the proceedings.

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