Exceptional Reasons for Ordering Detention and Urgency of Proceedings in Cases of Detention
Article 174
(1) Detention may be ordered only under the conditions set forth in this Code and only if the same purpose cannot be achieved by another measure and it is necessary for a peaceful conduct of procedure.

(2) All authorities taking part in the criminal procedure and authorities providing them with legal assistance shall proceed with exceptional urgency if the accused person is in detention.

(3) Throughout the proceedings, detention shall be terminated as soon as the grounds for which it was ordered cease to exist.


Reasons for Ordering Detention
Article 175

(1) When reasonable suspicion exists that a certain person had committed a criminal offence, detention may be ordered against that person, if:

1) the persons hide or their identity cannot be established, or if other circumstances exist indicating a risk of flight;
2) circumstances exist that indicate that they would destroy, hide, modify or fabricate evidence or traces of a criminal offence or indicate that they would hinder the procedure by influencing witnesses, accomplices or accessories by virtue of concealment;
3) circumstances exist that indicate that the criminal offense would be repeated or attempted criminal offence completed or that they would commit the criminal offence they threaten to commit;
4) Detention is necessary for unobstructed conduct of proceedings, in the case of a criminal offence punishable under law by and imprisonment of ten years or more and which is especially severe due to the manner of execution and consequences;
5) duly summoned defendants obviously evade appearing
at the main hearing.

(2) In the case referred to in paragraph 1, item 1 of this Article,
detention ordered only because it was not possible to establish
the identity of the person shall last until this identity is
established. In the case referred to in paragraph 1, item 2 of this
Article, detention shall be terminated as soon as evidence
because of which detention was ordered are secured. Detention
ordered pursuant to paragraph 1, item 5 of this Article may last
until the publication of the judgment.

Ordering Detention, Contents of the Ruling on Detention and Right of Appeal against the Ruling
Article 176

(1) Detention shall be ordered upon the motion of the authorized prosecutor, by a ruling issued by the competent court.

(2) Prior to adopting the ruling referred to in paragraph 1 of this Article, the court shall hear the accused person on the reasons for ordering detention. The hearing may be attended by the State Prosecutor and defense attorney.

(3) Notwithstanding paragraph 2 of this Article, the ruling ordering detention may be adopted without hearing the accused person if the accused person is hiding or if there are circumstances referred to in Article 175, paragraph 1, item 5 of the present Code.

(4) If the detention was ordered in accordance with paragraph 3 of this Article, the court shall, within 48 hours as of the deprivation of liberty, hear the accused person on the reasons for ordering detention. After the hearing, the court shall decide whether to keep the ruling ordering detention in force or to abolish the detention.

(5) The ruling ordering detention shall contain: first name and the surname, year and place of birth of the persons against whom detention is ordered, criminal offence they are charged with, the legal grounds for detention, the duration of detention, the time the person was deprived of liberty, instructions on the right to appeal, the statement of reasons as well as a statement of the grounds for ordering detention, the official seal and the signature of the judge ordering detention.

(6) The ruling ordering detention shall be served on persons to whom it relates immediately after it is rendered. The day and the time when the ruling was received shall be indicated in the case files. Detained persons shall acknowledge the receipt of the ruling with their signature.

(7) The State Prosecutor, detainees and their defense attorneys may file an appeal against the ruling ordering detention to the Panel referred to in Article 24, paragraph 7 of the present Code within a term of 24 hours from the moment of the delivery of the ruling. The appeal, the ruling on detention and other case files shall be submitted to the Panel immediately. An appeal shall not stay the enforcement of the ruling.

(8) When deciding on an appeal against the ruling in the case referred to in paragraph 7 of this Article, the Panel may reject the appeal as unfounded or reverse the disputed ruling.

(9) The State Prosecutor may lodge an appeal against the ruling rejecting the proposal of the State Prosecutor to detain the accused person to the Panel referred to in Article 24, paragraph 7 of the present Code, within 24 hours of receipt of the ruling.

(10) When deciding on an appeal against the ruling in the case referred to in paragraph 9 of this Article, the Panel may reject the appeal as unfounded or reverse the ruling and order detention. The State Prosecutor, detainee and his defence attorney may lodge an appeal against the ruling ordering detention, which shall not stay the enforcement of the ruling. The provisions of paragraphs 6 and 7 of this Article shall apply to delivery of the ruling ordering detention and filing an appeal.

(11) In the cases referred to in para. 7, 8 and 10 of this Article, the
Panel shall issue its decision within 48 hours.


Ordering Detention and Duration of Detention During Investigation
Article 177

(1) On basis of the ruling of the investigating judge, the accused person may be kept in detention at the longest one month from the day of deprivation of liberty. After this term has expired, the accused person may be detained only on the basis of a ruling extending detention.

(2) Detention may be extended on basis of the ruling of the panel referred to in Article 24, paragraph 7 of the present Code for no longer than two months and at the motion of the State Prosecutor containing a statement of reasons. An appeal against the ruling of the Panel shall be allowed but it shall not stay the enforcement of the ruling.

(3) If the procedure is conducted for a criminal offence punishable by imprisonment for a term of more than five years, the panel of the Supreme Court may, upon a substantiated motion of the State Prosecutor, if important reasons exist, extend the detention for no longer than another three months.

(4) The accused person shall be released if the indictment has not been brought until the expiry of the terms referred to in paragraphs 2 and 3 of the present Code.


Termination of Detention
Article 178

(1) In the course of investigation, the investigating judge shall terminate the detention at the motion of the State Prosecutor. The motion for terminating detention may also be filed by the accused persons and their defence attorneys.

(2) Before the adoption of the decision on the proposal of the accused person or defense attorney for the termination of detention, the investigative judge shall ask the opinion of the State Prosecutor.


Ordering and Supervising Detention after the Indictment Was Brought
Article 179

(1) After the indictment has been submitted to the court and up until the completion of the main hearing, detention may be ordered or terminated only by the ruling rendered by the panel, provided that the opinion of the State Prosecutor is obtained if the proceedings are conducted upon his/her charges. Detention may last at the longest for three years from the issuing of indictment until the rendering of a first instance decision.

(2) Upon a motion of the parties or by virtue of office, the panel shall review whether the grounds for detention still exist and it shall issue a ruling extending or terminating detention, upon expiration every 30 days before the indictment has become final, and every two months from the moment the indictment becomes final.

(3) An appeal on the ruling referred to in paragraphs 1 and 2 of this Article shall not stay the execution of the ruling and the court shall render a decision thereon within three days.

(4) An appeal shall not be allowed against the ruling of the panel referred to in paragraph 1 of this Article by which the motion to order or terminate detention is rejected.


Obligation to Inform on Deprivation of Liberty
Article 180

(1) Immediately after a person has been deprived of liberty police authority, the State Prosecutor or the court shall inform the family of the detained persons or their extra-marital partner thereon, unless the detained persons expressly object thereto.

(2) A competent authority for social care shall be informed about the deprivation of liberty if necessary to take measures for the care of children and other family members to whom the person deprived of liberty is a guardian.