Section 2 Criminal Case

Chapter 5 Detention

Legitimacy of Detention

Article 99:

(1) A suspect or accused person may be detained in accordance with the provisions of this law.

(2) The detention center officials neither canadmit a suspect or accused person to a detention center when there is no issued order of the authorities set forth in this law, nor can a detainee be kept for more than the period specified in the detention warrant.

(3) The prosecutor’s office and court may issue the detention warrant of a suspect or accused personin a felony or misdemeanor case in one of the following conditions:

1– When there is evidence that a suspect or accused person has committed a felony.

2– When there is an evident crime (in flagrante delicto)

3– When identity of a suspect or accused person is unknown.

4– When there is a risk of flight or concealment of a suspect or accused person in a misdemeanor crime.

5– When fear of losing or alteration of evidence related to the crime exists.

6– When a suspect or accused person does not have a permanent address in the relevant neighborhood.

Section 2 Criminal Case

Chapter 5 Detention

Detention Period during the Investigation

Article 100:

(1) The prosecutor after taking custody of a suspect, if reasons set forth in paragraph (3) of article 99 of this law exist, can issue a detention warrant for 7 days for misdemeanor crime and 15 days for felony crime taking the circumstances into consideration.

(2) If the detained person or his/her defense attorney or legal aid provider objects to extension of the detention, or if the prosecutor requests an extension of detention in accordance with paragraph (3) of this article, the prosecutor shall bring the person in detention before the court 3 days prior to expiring of the detention period to issue a ruling on extension of the detention. The accused person, defense counsel or his/her legal aid provider shall have a right of presence and objection at such a hearing.

(3) In case 7 days for misdemeanor crime and 15 days for felony crime do not suffice for completing the investigation and preparing indictment, the prosecutor can request the relevant primary court, in accordance with the provisions of paragraph (2) of this article, for the following extensions of detention of the accused person:

1– In misdemeanor crime, for up to10 days.

2– In felony crime for up to 30 days.

(4) If the need to have the suspect or accused person in detention ends before completion of the period, the detention order will not prevent the release of the accused person on bail or without it.

(5) If the prosecutor cannot complete the investigation within the period set forth in paragraph (3) of this article and the need for extension of detention period according to the provisions of this law exists, the primary court upon request of prosecution office, after evaluating the reasons of prosecutor and statements of the accused person, shall extend the detention of the accused person for 10 days for a misdemeanor and 30 days for a felony crime. The accused person and his defense counsel or legal aid counsel shall have a right to be present and object at such a hearing.

(6) Extension of detention of an accused person by a primary court shall in no case exceed 20 days for a misdemeanor and 60 days for a felony.

Section 2 Criminal Case

Chapter 5 Detention

Detention of the Accused Person after Submission of the Case to the Court

Article 101:

(1) Once the case is referred to the court, the fate of the accused person in detention is decided by the relevant court. The relevant court can issue the accused person’s detention order during the court proceeding according to the following:

1– During the court proceedings in a primary court up to 30 days.

2– During the court proceedings in an appeals court up to 30 days.

3– During the court proceedings in the Supreme Court up to 60 days.

(2) If the case is returned to the prosecution office by the court based on some deficiencies in investigation, the court is obliged to determine the fate of the accused person according to the authorities stated in paragraph (1) of this article.

(3) The total detention time period in all court proceedings (primary, appeal, and Supreme Court stages) shall not exceed 120 days.

Section 2 Criminal Case

Chapter 5 Detention

Detention for the Purpose of Hearing the Objection to an Acquittal Verdict

Article 102

If the prosecutor, in felony crime, protests against the primary court’s verdict on acquittal of the accused person, the higher court shall consider extension of detention and shall make the necessary decision on detention or release of the accused person prior to hearing the original case. If the higher court does not issue the extension of detention of the accused person within a maximum time period of 15 days, the accused person should be released immediately.

Section 2 Criminal Case

Chapter 5 Detention

Obligations of Detention Center Officials

Article 103:

Detention center officials are obligated to enforce the accused person’s detention order as issued (i.e., according to its terms) by relevant authority and within the time limit specified in this law.

Detention center officials are obligated to release and hand the detainee over to the prosecutor’s office immediately when his/her detention time has expired, or the detention order has been nullified, or his/her release order has been issued, or he/she has been acquitted by authorized organizations, considering the provision of this law, unless otherwise a ruling is issued which convicts him/her exceeding served detention time or extends his/her detention.

Section 2 Criminal Case

Chapter 5 Detention

Notification of Illegal Detention

Article 104:

If a person has information that another person is being detained illegally, or is detained in a place other than a place authorized by law, he/she is obliged to inform the responsible prosecutor’s office.

The responsible prosecutor’s office is obligated to conduct an investigation and prosecute the perpetrator.