Part I General Provisions

Chapter VIII Summons, Subpoena and Detention of the Accused

Article 82
(1) The accused under detention may request the court to disclose the grounds for detention.
(2) The defense counsel, legal representative, curator, spouse, lineal relative, sibling or other interested party of the accused under detention may also request the disclosure prescribed in the preceding paragraph.
(3) The requests prescribed in the preceding two paragraphs lose their effect when bail is granted or execution of detention is suspended or rescinded or when the detention warrant becomes ineffective.

Article 83
(1) grounds for detention must be disclosed in an open court.
(2) The court is convened in the presence of a judge and a court clerk.
(3) The court may not be convened without the presence of the accused and the defense counsel of the accused; provided however, that this does not apply when the accused cannot personally attend the court because of illness or other unavoidable reasons and has no objection, or when the accused has no objection to defense counsel not appearing.

Article 84 (1) The presiding judge must give the grounds for detention in court.
(2) The public prosecutor, the accused or the defense counsel, and other requesting persons may state their opinions; provided however, that the presiding judge may, when finding it appropriate, order them to submit written opinions in lieu of oral statements.

Article 85
A judge of a panel may be commissioned to disclose the grounds for detention.

Article 86
When more than one request prescribed in Article 82 has been made with respect to the same detention, the grounds for detention are disclosed with regard to the first request. The other requests must be dismissed by a ruling after disclosure of the grounds for detention.

Article 87
(1) When the grounds for or necessity of detention no longer exist, the court must, upon the request of a public prosecutor, the accused under detention, the defense counsel of the accused, legal representative, curator, spouse, lineal relative or sibling or ex officio, make a ruling to rescind the detention.
(2) The provisions of Article 82, paragraph (3) apply mutatis mutandis to therequest prescribed in the preceding paragraph.

Article 88
(1) The accused under detention or the defense counsel of the accused, legal representative, curator, spouse, lineal relative or sibling may request bail.
(2) The provisions of Article 82, paragraph (3) apply mutatis mutandis to the request prescribed in the preceding paragraph.