The State Counsel may equally refer to the Indictment Chamber under the same conditions.
ART 151: Release from detention may also be requested in any event by a person charged or an
accused person, and at any time during the proceedings.
When a court of first instance is seized, it shall have to decide on the release from detention.
Before referral to the Court of Assizes, and in the interval between trial sessions of this court, this
power shall belong to the Indictment Chamber.
In the event of an appeal on points of appeal, and up till the judgement from the Supreme
Court, the decision on the submission for release shall be taken by the court, which last heard the case
on the merits. If an appeal on points of appeal has been lodg ed against a judgement of the Court of
Assizes, the decision regarding detention shall be taken by the Indictment Chamber.
In the event of a decision of lack of competence and generally in all cases where no court is
seized, the Indictment Chamber shall hear applications for release.
In all cases in which a foreign national, charged, a defendant or accused is freed or released,
only the competent court may assign him/her to a residence which he/she should not leave, under pain
of sanctions provided for in Paragraph Article 191 of the Criminal Code.
ART 152: Where a court of First Instance is called upon to pass judgement in the cases
provided for above, the parties and their counsel shall be convened through registered mail. The
judgement shall be passed after hearing the parties or their counsel.
It shall be decided on simple motion, in chambers, in consultation with the Public
Prosecutor. The person charged may provide written submissions in support of his/her motion.
ART 153: Decisions made by the investigating judge and the misdemeanours court shall be
subject to appeal.
ART 154: Prior to release with or without bail, the applicant must, through a document filed at
the court registry, elect domicile, if charged in the place where the criminal investigation is being
carried out, and, if he/she is a defendant or accused, at the registry where the court hearing the merits
of the case sits. The certified copy of this document shall be included in the case file.
After release, if the person charged is summoned and does not appear or if new or serious
circumstances render his/her detention necessary, the investigating judge or the trial court to which the
case is referred may issue a new warrant.
The same power, in the event of a decision of lack of competence, shall be exercised by the
Indictment Chamber until the case is referred to the competent court.
If, however, the Indictment Chamber granted release by overruling the order of the
investigating judge, the latter may only issue a new warrant in so far as the said Chamber, pursuant to
the submissions of the Public Prosecutor, has withdrawn the benefit of the decision from the person
charged.
ART 155: Release, in all cases where it is not of right, may be subject to the obligation to provide bail
or provide securities.
This bail or securities shall guarantee:
1 ° Representation of the person charged in all the proceedings and for the enforcement of the
judgement;
2 ° Payment in the following order:
(a) costs incurred by the party claiming damages; (b) restitution and damages; c)
costs incurred by the prosecution; and (d) fines.
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