A detention warrant shall refer to the order given by the judge to the Superintendent of a
remand prison to receive and detain the person charged. This order shall also enable the search for or
transfer of the person charged if he/she had been previously notified.
An arrest warrant shall refer to an order given to the police to search for the person charged
and to take him/her to the remand prison indicated on the warrant, where he/she will be received and
detained
These warrants shall be executed throughout the whole territory of the
Republic.
ART 115: A warrant shall specify the full identity of the person concerned and shall be dated by the
magistrate who issues it, and shall bear his/her seal. They shall also state the nature of the charge and
the applicable Articles of the law.
The bench warrant or arrest warrant shall be notified and executed by a judicial police officer or
agent or by a law enforcement officer who will show a copy to the person charged and deliver a copy
thereof it to him/her.
If the person is already detained for any other reason, the notice shall be given to him/her by
the Superintendent of the remand prison, who equally issues to him/her a copy thereof.
Bench warrants and arrest warrants may, in urgent cases, be sent by any means.
In this case, the essential elements of the original and especially the identity of the person
charged, the nature of the charge, the name and the position of the issuing magistrate must be
specified. The original copy of the warrant must be sent to the officer responsible for enforcing it as
soon as possible.
The detention warrant shall be notified to the person charged by the investigating judge.
Mention of this notification must be made in the report on the questioning session.
ART 116: The investigating judge shall immediately interrogate a person charged with an offence
who has been duly summoned.
Under the same conditions, the questioning of a charged person shall be carried out by virtue of
a bench warrant. However, if the questioning cannot be immediate, the person charged shall be taken
to the remand prison where he/she may not be detained for more than twenty -four hours.
On expiry of this period, he/she shall be taken ex officio before the State Counsel who requires
the investigating judge or, failing that, the President of the court or a judge designated by him/her, to
proceed immediately to the questioning, failing which the person charged is set free.
Any person charged arrested under a bench warrant and kept detained for more than twenty four hours in the remand prison without being questioned shall be considered arbitrarily detained.
Any magistrate or official who ordered or knowingly allowed this arbitrary detention shall be punished
by the penalties set forth in article 76 of the Criminal Code.
ART 117: If the person charged is found outside the jurisdiction of the court where the warrant was
issued, he/she shall be brought before the State Counsel or the Justice of the Peace with extended
jurisdiction of the court in whose jurisdiction he/she was found.
The State Counsel or the Justice of the Peace with extended jurisdiction shall question him/her
about his/her identity, receive his/her statements if necessary, ask him/her whether he/she accepts to
be transferred or if he/she prefers to extend the effect of the bench warrant, pending the decision of the
investigating judge seized of the case. If the person charged objects to the transfer, immediate notice
shall be given to the magistrate who signed the warrant. A report on the appearance containing a
complete description shall be forwarded without delay to the magistrate with all the information
necessary to facilitate identity recognition.
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