Part One. General Provisions

Section III. Proof and Proving

Chapter 12. Detention of the Suspect

Article 94. Grounds for the Release of the Suspect

1. The suspect shall be released by the decision of the inquirer, of the investigator or of the public prosecutor, if:
1) the suspicion of his committing a crime has not been confirmed;
2) there are no grounds to apply towards him a measure of restriction in the form of taking into custody;
3) the detention was made with a violation of the demands of Article 91 of the present Code.

2. After an expiry of 48 hours from the moment of detention, the suspect shall be released, unless with respect to him is selected a measure of restriction in the form of taking into custody or the court has extended the term of detention in the order, established by Item 3 of the part 7 of Article 108 of the present Code.

3. If the resolution of the judge on the application towards the suspect of the measure of restriction in the form of taking into custody or on an extension of the term of detention does not arrive within 48 hours as from the moment of detention, the suspect shall be immediately set free, about which the head of the place where the suspect was held in custody shall notify the body of inquiry or the investigator, under whose jurisdiction the criminal case is placed, and the public prosecutor.

4. If there exists a ruling or a resolution of the court on the refusal to satisfy the petition of the inquirer, of the investigator or of the public prosecutor for selecting towards the suspect the measure of restriction in the form of taking into custody, a copy of this ruling or resolution shall be handed over to the suspect upon his release.

5. Upon the release of the suspect from custody he shall be issued a reference note, in which it shall be pointed out by whom he was detained, the date, time and the place of, and the grounds for the detention, as well as the date, time of and the grounds for his release .

Part One. General Provisions

Section III. Proof and Proving

Chapter 13. Measures of Restriction

Article 109. Time Terms for Holding in Custody

6. If after the end of the preliminary investigation the materials of the criminal case were presented to the accused and to his counsel for the defence later than thirty days prior to the end of the ultimate term for holding in custody, the accused shall be subject to an immediate release after this term expires. In this case, the accused and his counsel for the defence shall retain the right to get acquainted with the materials of the criminal case .