Part 1 Basic Provisions

Chapter 10 Measures to Guarantee the Presence of a Suspect or Accused and Successful Conduct of Criminal Proceedings

Section 6 Pre-Trial Custody

Article 138

When the Court pronounces a sentence of imprisonment against an accused, the Court shall order
custody against the accused or the custody shall be extended if there exist the grounds referred to in
Article 132, Paragraph 1, Items a), c) and d) of this Code. The custody shall be terminated if the grounds
for which the custody was pronounced do not exist any more. In this case, a special decision shall be issued, and appeal against such decision shall not stay its execution. When the Court pronounces a sentence of imprisonment against an accused, the Court may order custody to the accused or the custody shall be extended if that is necessary in order to ensure an unhindered conduct of the criminal
proceedings, while taking into account all the circumstances related to the commission of the criminal
offence and the personality of the perpetrator. If the sentence pronounced is imprisonment of five years or longer, the Court shall order or extend custody immediately. In such case, a special decision shall be
issued, and an appeal from such decision shall not stay its execution.

When the Court pronounces a sentence of imprisonment against a defendant, the Court may order i.e. extend custody against the defendant, taking into consideration all circumstances pertaining to perpetration of the criminal offense, i.e. personality of the perpetrator. In such cases a special ruling shall be made, and the appeal against the ruling shall not stay its execution.

Custody shall be terminated and release of the accused ordered if he has been acquitted or if the charges against him have been rejected for the reasons other than lack of jurisdiction of the Court or he has been found guilty but released from penalty or he has only been fined or conditionally sentenced or, due to crediting the custody time, he has already served the sentence.

Custody ordered or extended pursuant to provisions of Paragraph 1 of this Article may last until committal to an institution for serving the sentence but no later than the expiration of the period of sentence pronounced in a legally binding verdict After pronouncing the first instance verdict, the custody may last no longer than additional nine months. If during that period no second instance verdict to alter or sustain the first instance verdict is pronounced, the custody shall be terminated and the accused shall be released. If within the nine months the second instance verdict is pronounced reversing the first instance verdict, the custody shall last for no longer than another year after pronouncement of
the second instance verdict. After pronouncing the first instance verdict, the custody may last no longer than additional nine months.

Exceptionally, in complex cases and for the important reasons, the Appellate Panel may extend the custody additionally for additionala six months maximum. If during that period no second instance verdict to alter or sustain the first instance verdict is pronounced, the custody shall be terminated and the accused shall be released. If within the prescribed deadlines the second instance verdict is pronounced reversing the first instance verdict, the custody shall last for no longer than another year after pronouncement of the second instance verdict.

At the request of the accused, who is in custody after a sentence of imprisonment has been pronounced on him, a judge or the presiding judge may commit the accused by a decision to an institution for serving the sentence even before the verdict becomes legally binding.

Custody shall always be terminated upon the expiration of the pronounced sentence.

The accused placed in custody against whom a sentence of imprisonment has become legally binding, shall remain in custody until he/she is sent to prison but not after the expiration of the prison term he has received.

Part 1 Basic Provisions

Chapter 10 Measures to Guarantee the Presence of a Suspect or Accused and Successful Conduct of Criminal Proceedings

Section 6 Pre-Trial Custody

Article 139

Deprivation of Liberty and Detention

The police may deprive a person of liberty if there are grounds for suspicion that he may have committed a criminal offence and if there are any of the reasons as referred to in Article 132 of this Code, but they must immediately and no later than 24 hours, bring that person before the Prosecutor. In apprehending the person concerned, the police authority shall notify the Prosecutor of the reasons for and time of the deprivation of liberty. The use of force in accordance with law is allowed when apprehending the person.

As an exception to Paragraph (1) of this Article, for crimes of terrorism, the person must be brought before the Prosecutor, at latest, within 72 hours.

A person deprived of liberty must be instructed in accordance with Article 5 of this Code.

If a person deprived of liberty is not brought before the Prosecutor within the period specified in Paragraphs 1 and 2 of this Article, he shall be released.

The Prosecutor shall be obliged to question the apprehended person without delay and no later than 24 hours and decide within that time whether he will release the apprehended person or file the reasoned request for custody of the person in question to the preliminary proceeding judge ensuring that the person is brought before the judge.

The preliminary proceedings judge shall immediately, and no later than within 24 hours, issue a decision on request for custody order.

If the preliminary proceedings judge rejects the proposal for the custody, he shall issue a decision rejecting the request and shall immediately release the person. The Prosecutor may file an appeal against decision of the preliminary proceeding judge, which does not stay the execution of the decision.

The person taken into custody may appeal the decision on custody, which does not stay the execution of the decision.

In the case referred to in paragraphs (7) and (8) of this Article, the Panel referred to in Article 24 Paragraph (7) of this Code shall decide on the appeal and is obliged to issue a decision within 48 hours of receipt of the appeal by the Court.