the Indictment Chamber.
ART 129: In the absence of an order to keep the person charged in detention, the superintendent of the
remand prison shall notify the investigating judge and shall bring the person charged before the State
Counsel who seizes the investigating judge or, failing that, the President of the court or the magistrate
delegated for that purpose. The latter shall order his/her release after having observed the formalities on
election of domicile.
The Justice of the Peace with extended jurisdiction shall be bound by the same obligation for
detentions he/she orders under this Article.
ART 130: The time limits provided for in Articles 125 and 127 shall be counted by days of the month,
either from date to date in each of the months concerned. A detention order coming up after the last
day of the time limit allowed for detention shall be null and void, and the person charged must be
released in accordance with the provisions of Article 129.
ART 131: The detention ruling and the order to keep the person charged in detention shall be subject
to appeal by the latter and the Public Prosecutor.
This appeal shall not stay proceedings and the person charged shall remain detained until the
Indictment Chamber issues a decision
ART 132: An order referring the case to the misdemeanours court shall terminate provisional detention.
However, the person charged may be maintained or exceptionally placed in provisional detention
pending his/her appearance before the court by a separate special order issued on the same day as the
referral order and justified by security measures.
ART 133: In the event of a dismissal order and if the person charged is in provisional detention, the
Public Prosecutor’s appeal against the order shall have the effect of keeping the accused in custody
until the Indictment Chamber reaches a decision.
ART 134: With felonies, provisional detention shall be prescribed by a detention warrant from the
investigating judge without a prior order. This warrant shall be notified to the person charged during
questioning at his/her first appearance. Mention shall be made of it in the judge’s report.
ART 135: With felonies, the duration of the detention warrant shall not exceed one year. However, if
provisional detention is deemed necessary, the investigating judge must renew the detention by a
specially reasoned order within eight working days preceding the expiry of the above -specified time
limit.
Extension of provisional detention may occur each year. However, in no case may the
provisional detention of a person charged with a felony exceed 3 years.
The provisions of Articles 122, 128, 129 and 130 apply. Articles 127 and 131 shall also apply in
their provisions concerning the instrument of detention and the order to keep the person charged in
detention.
ART 136: Where, during the course of the investigation, the description of the offence changes from a
felony to a misdemeanour while the person charged is detained under rules for felo nies, provisional
detention may be ordered only under the conditions provided for in misdemeanour proceedings.
In the case the description of an offence is changed from a misdemeanour to a felony, another
detention warrant, bearing the new felony charge, shall be issued against the person charged in the
manner provided for in Article 135.
ART 137: In case an order is issued to forward documents to the Attorney General or to dismiss the
case, the provisions of Articles 132 and 133 shall apply with respect to keeping the person charged in
detention and appeal by the Public Prosecutor.
§3 Judicial Supervision
26
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