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Pre-trial detention: the dispute over freedom

Custody

Pre-trial detention is a measure of preventive deprivation of liberty.

It represents a particularly difficult ordeal for the incarcerated person, yet presumed innocent, as well as for his relatives.

This is for thelawyer criminal lawyer to show availability and responsiveness in order to best meet the expectations of its customers and to intervene with implication to assert your rights and your freedom.

Under what conditions can a person be remanded in custody?

As part of a judicial information (also called instruction) conducted by a Judge, a person indictment can be placed in custody by Judge of freedoms and detention under a tort or criminal warrant of committal.

Placement in pre-trial detention can only take place after a contradictory debate before the Judge of Liberties and Detention with regard to legal criteria (article 144 of the Code of Criminal Procedure).

During this debate, it is essential to be assisted by a criminal lawyer experienced in the matter.

Your lawyer presents oral observations in your favour, in particular with regard to your guarantees of representation in order to avoid incarceration.

If remand in custody is decided, your lawyer can appeal the decision which will be reviewed by the Chamber of instruction, drop a referral-freedom, formulate applications for release.

What is the duration of pre-trial detention?

In correctional matters, the duration of pre-trial detention is normally 4 months maximum.

However, under certain conditions, this period may be extended until 1 year2 years (organized crime, drug trafficking), or 3 years (terrorism).

In criminal matters, the duration of pre-trial detention is normally 1 year.

However, under certain conditions, the duration can be up to 4 years.

Pre-trial detention can only be extended after an adversarial debate before the Judge of Liberties and Detention. Here again, your lawyer is present at your side to present observations and supporting documents so that the warrant of deposit is not renewed.

Imprisonment pending trial

when order for referral to the Criminal Court (ORTC) or indictment before the Court of Assizes (OMA) is rendered by the Investigating Judge at the end of the investigation, the continued detention of the person until his appearance before the trial court can be decided.

Your lawyer can submit requests for release pending judgment.

Compensation for unjustified pre-trial detention

If you have been placed in pre-trial detention and benefit from a dismissal, An relaxed or acquittal, your lawyer may file a claim for compensation in your favor.

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