PART TWO CRIMINAL PROCEEDINGS
CHAPTER X DEPRIVATION OF LIBERTY PRIOR TO INDICTMENT AND MEASURES TO ENSURE PRESENCE OF THE DEFENDANT
SUB – CHAPTER II DEPRIVATION OF LIBERTY PRIOR TO INDICTMENT
Article 162
Arrest and Detention During Investigative Stage
1. When a state prosecutor has authorized an arrest, the police shall only arrest and detain a
person when:
1.1. there is a grounded suspicion that he has committed a criminal offense which is
prosecuted ex officio; and
1.2. there are articulable grounds to believe that:
1.2.1. there is a risk of flight,
1.2.2. that he will destroy, hide, change or forge evidence of a criminal offense or
specific circumstances indicate that he will obstruct the progress of the criminal
proceedings by influencing witnesses, injured parties or accomplices; or
1.2.3. the seriousness of the criminal offense, or the manner or circumstances
in which it was committed and his personal characteristics, past conduct, the
environment and conditions in which he lives or other personal circumstances
indicate a risk that he will repeat the criminal offense, complete an attempted
criminal offense or commit a criminal offense which he has threatened to commit.
2. The arrest and detention under this Article shall be authorized by the state prosecutor who
initiated the investigative stage or, when due to exigent circumstances such authorization cannot
be obtained prior to arrest, by the police who must inform the state prosecutor immediately after
the arrest.
3. A person arrested under this Article has the rights of a defendant.
4. Upon arrest, the arrested person shall be informed:
4.1. orally of the rights set forth in Article 166 of this Code; and
4.2. in writing of all the rights set forth in Article 165 of this Code and all the other rights
which he enjoys under this Code in a language that he understands.
5. As soon as possible after the arrest and no later than six (6) hours from the time of the
arrest, the state prosecutor shall issue to the arrested person a written decision on detention
which shall include the first and last name of the arrested person if known, or if not known, any
information to adequately identify the arrested person, the place, date, and exact time of the
arrest, the criminal offense of which he is suspected, and the legal basis for the arrest. Against
the decision on detention issued by the state prosecutor, the arrested person or his defense
counsel may file an appeal within six (6) hours from the receipt of the decision. The pretrial
judge shall rule on the appeal within twelve (12) hours from the receipt of the appeal.
6. Within thirty-six (36) hours of the arrest, the state prosecutor shall file with the pretrial judge
a request for detention on remand.
7. The request for detention on remand shall comply with Article 163 of this Code.
8. As soon as possible, but no later than within forty-eight (48) hours of arrest, the pretrial judge
shall hold a hearing to determine whether the defendant shall be held in detention on remand.
Pending the decision of the court, the defendant may be detained.
9. The arrested person shall be released if he is not brought before the court within forty-eight
(48) hours from the time of arrest.
10. The defendant shall be represented by defense counsel at the hearing on the request for
detention on remand. The defense counsel shall have access to review the case file for the
defendant in preparation for the hearing.
11. As soon as possible, but no later than forty-eight (48) hours after the hearing under paragraph
8. of this Article, the pretrial judge shall issue a decision determining whether the defendant
shall be subject to one of the measures under Article 171 of this Code.
12. The pretrial judge must consider whether lesser measures to ensure the presence of the
defendant in Article 171 of this Code may be ordered.
13. The decision of a pretrial judge to order detention on remand is appealable in accordance
with the provisions of Article 186 paragraph 3. of this Code.

PART TWO CRIMINAL PROCEEDINGS
CHAPTER X DEPRIVATION OF LIBERTY PRIOR TO INDICTMENT AND MEASURES TO ENSURE PRESENCE OF THE DEFENDANT
SUB-CHAPTER III MEASURES TO ENSURE PRESENCE OF DEFENDANT
C. ORDER FOR ARREST
Article 173
Order for Arrest
1. A pretrial judge, single trial judge or a presiding trial judge may issue an order for arrest
ex officio, upon the application of the state prosecutor or, in exigent circumstances, upon the
application of the police if the conditions under Article 184, paragraph 1. of this Code exist,
or if a defendant, after being duly summoned, fails to appear and to justify his absence or if
the summons could not be duly delivered and it is evident from the circumstances that the
defendant is avoiding the receipt of the summons.
2. The order for arrest shall be issued in writing and shall contain: the name and surname of the
defendant and other personal data known to the judge; the designation of the criminal offense
with which he is charged and an indication of the pertinent provision of the Criminal Code and
of the grounds on which the order is issued, and the official stamp and signature of the judge
who orders the arrest. Unless the order for arrest specifies a different expiration date, the order
for arrest shall expire at midnight on the three hundred sixty fifth (365th) day after it is issued.
3. The order for arrest shall be executed by the police.
4. The police officer in charge of executing the order shall serve the order on the defendant and
ask the defendant to accompany him. If the defendant refuses to comply, the police officer shall
compel him to appear.
5. An order for the compulsory appearance of police officers or guards in an institution in which
persons are kept in detention shall be executed through the intermediary of their command or
warden.
6. At the time of the arrest, the person shall be informed of the reasons for the arrest in a
language which he understands and of his rights under Article 165 of this Code.
7. An arrested person shall, immediately after the arrest, and in any event no later than forty-
eight (48) hours from the arrest, be brought before the judge who issued the order.