Application for release of pre-trial detention.
Pre-trial detention, like all other preventive measures, should be lifted or changed to a milder measure as soon as the reasons for which it was applied cease to exist, or when reasons justifying its revocation or change arise. If these conditions are met, the court or prosecutor (in the preparatory proceedings) should repeal or change the preventive measure ex officio.
In accordance with art. 254 of the Code of Criminal Procedure, the accused or suspected person may submit a motion to revoke or change the preventive measure, the change may concern both the type of measure and its scope (e.g. duration of pre-trial detention, amount of property security, etc.). Such an application is submitted to the prosecutor (in the preparatory proceedings) or the court hearing the case (in the court proceedings) and it can be done at any time. The competent authority should resolve the matter (issue an order) within 3 days. However, this term is only for instructions - exceeding it does not have legal effects.
The accused (or injured party) of the order issued under this procedure may be appealed, but only if the application has been submitted after at least 3 months from the date of the decision on the preventive measure. This restriction does not apply to other parties to the proceedings - e.g. the aggrieved party may lodge a complaint against the decision to revoke the application of detention on remand regardless of the date of submission of the application which initiated the revocation. A complaint against the prosecutor's decision is examined by the district court in whose district the proceedings are conducted (even if he was not competent in the case). If the decision was issued by a court, the complaint is examined by the same court composed of three judges).
[legal status on May 21, 2020]
Defendants in the criminal procedure