the Indictment Chamber, which, after receiving the Public Prosecutor’s written and reasoned
submissions, decides no later than fifteen days after the issue is referred to it. Failing this, judicial
supervision shall be lifted as of right, except where a verification of the petition of the pers on charged
has been ordered.
ART 142: Orders placing a person under judicial supervision or rejecting a request for its lifting or
modification shall be verbally notified by the investigating judge to the person charged. This notification
shall be noted in the judge’s report.
Notice of any order for judicial supervision shall be given by the court registrar to the State
Counsel on the same day on which it is passed, under pain of a civil fine of 5,000 CFA Francs imposed
by the President of the Indictment Chamber.
ART 143: Orders to modify judicial supervision shall be subject to the same rules as orders for
placement under judicial supervision with respect to notification and appeal.
ART 144: The order to lift judicial supervision shall be notified in the manner provided for in Article 142.
ART 145: If a person charged under judicial supervision intentionally fails to respect the obligations of
the judicial supervision, no matter the duration of the imprisonment sentence he/she has already
served, the investigating judge may issue an arrest warrant or detention warrant against him/her, to get
him/her back into provisional detention.
ART 146: An order terminating court proceedings shall put an end to judicial supervision in the case of
dismissal of the case or a referral to the misdemeanours court, except the investigating judge, in the
latter case, maintains it or even orders it at this stage of the proceedings through a separate and
specially reasoned order, made on the same day as the referral order and justified by security
measures.
In case an order is issued to forward documents to the Attorney General, judicial supervision
shall remain effective until the order for bodily arrest.
ART 147: The powers conferred on the investigating judge by Articles 140 and 141 shall, in all cases, be
exercised by the competent court according to the distinctions of Articles 150 and 151 of this Code.
§4 Release from Detention
ART 148: In every case, a release from detention with or without judicial supervision may be ordered by
the investigating judge either at the request of the person charged or his/her counsel, or pursuant to the
submissions of the Public Prosecutor or of his/her own motion, on the condition that the person charged
undertakes to appear for every procedural step as soon as he/she is required to do so and keeps the
investigating judge informed of all his/her movements.
ART 149: Where the State Counsels requests release, the investigating judge must rule within three
days as from the date of receipt of the submissions.
ART 150: Release may be requested at any time from the investigating judge by the person charged
or his/her counsel, under the obligations laid down in Article 148.
The investigating judge must immediately forward the case file to the State Counsel for
purposes of the submissions.
The investigating judge must rule by a specially-reasoned order not later than eight days after
the file has been forwarded to the State Counsel.
If the investigating judge fails to reach a decision within the time limit set in Paragraph 3, the
person charged may refer the application directly to the Indictment Chamber, which, pursuant to the
written and reasoned submissions of the Attorney General, hands down a decision within fifteen days
of receiving the submission, failing which the person charged is automatically released from detention
unless checks concerning his/her application have been ordered.
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