These provisions shall be extended, except where heavier penalties are imposed, where applicable, to
any breach of the measures protecting individual freedom prescribed by this Code.
Section V - Provisional Detention and Judicial Supervision
§ 1 – General Provisions
ART 122: With respect to misdemeanours or felonies, the investigating judge may place the person
charged under provisional detention or under judicial supervision.
Provisional detention and judicial supervision may be ordered only depending on the
requirements of the investigation or as a security measure and according to the rules and conditions
set out below.
§ 2 Provisional Detention
ART 123: With respect to misdemeanours, if the penalty incurred involves imprisonment, provisional
detention on remand may be ordered:
- where the provisional detention of the person charged is the only means of retaining evidence or
material clues, or of preventing either pressure on witnesses or fraudulent consultation between the
person charged and accomplices;
- where such detention is necessary to preserve public order from the disturbance caused by the
offence or to protect the person charged, to put an end to the violation, to prevent its repetition
or to ensure that the person charged remains available for court
proceedings;
- where the person charged voluntarily eludes the obligations of judicial
supervision.
ART 124: The order of the investigating judge prescribing provisional detention must be specifically
reasoned on the basis of the facts of the case by reference to the provisions of the preceding Article.
It may be issued at any stage of the criminal investigation.
ART 125: With respect to misdemeanours, if the maximum penalty provided for by the law is less than
or equal to two years, the person charged who is lawfully domiciled in Mali shall not be detained for
more than one month after his/her first appearance before the investigating judge.
ART 126: The provisions of Article 125 shall not apply to a person charged who is already convicted of a
crime or to those already sentenced to non-suspended imprisonment for a period of more than three
months for a misdemeanour ordinary law.
ART 127: With respect to misdemeanours, if the maximum sentence is longer than two years, provisional
detention shall not exceed six months. However, upon expiry of this period, the investigating judge may
extend it by a reasoned detention order, the duration of which will not exceed six months. In such a case,
the instrument for detention shall remain the warrant initially issued by the investigating judge.
Detention may be renewed only once in the course of the investigation.
ART 128: The detention order, under pain of nullity, shall be notified to the person charged by the
investigating judge. Mention of this notification must be made in the report on the first questioning
session.
The order to keep the person charged in detention must be immediately notified to the latter by
the investigating judge. A report of this notification shall be drawn up and put in the case file. A copy of
the order to keep the person charged in detention shall be forwarded to the superintendent of the
remand prison on the same day.
The orders referred to in this Article shall be notified to the State Counsel within twenty -four
hours by the court registrar, under pain of a civil fine of 5,000 CFA francs issued by the President of
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