LETELLIER v. FRANCE JUDGMENT
12
(An Act of 6 July 1989 expressly provided that Article 144 was to be
applicable to more serious criminal cases (matière criminelle).)
Article 145
"In cases involving less serious criminal offences, an accused shall be placed in
detention on remand by virtue of an order which may be made at any stage of the
investigation and which must give specific reasons with reference to the particular
circumstances of the case in relation to the provisions of Article 144; this order shall
be notified orally to the accused who shall receive a full copy of it; receipt thereof
shall be acknowleged by the accused’s signature in the file of the proceedings.
As regards more serious criminal offences, detention is prescribed by warrant,
without a prior order.
...
The investigating judge shall give his decision in chambers, after an adversarial
hearing in the course of which he shall hear the submissions of the public prosecutor,
then the observations of the accused and, if appropriate, of his counsel.
... ."
Article 148
"Whatever the classification of the offence, the accused or his lawyer may lodge at
any time with the investigating judge an application for release, subject to the
obligations laid down in the preceding Article [namely: the undertaking of the person
concerned "to appear whenever his presence is required at the different stages of the
procedure and to keep the investigating judge informed as to all his movements"].
The investigating judge shall communicate the file immediately to the public
prosecutor for his submissions. He shall at the same time, by whatever means, inform
the party seeking damages who may submit observations. ...
The investigating judge shall rule, by an order giving specific grounds under the
conditions laid down in Article 145-1, not later than five days following the
communication to the public prosecutor.
...
Where an order is made releasing the accused, it may be accompanied by an order
placing him under court supervision.
... ."
Article 194
"...