Question-Subject: Judicial remedies

Which authority is competent to decide an alternative detention?

Judge
What are the conditions that must be met for someone to benefit from an alternative detention?

Bail
What are the different alternatives to pre-trial detention?

Provisional liberty
Which authority is competent to decide on release?

– Official of the State prosecutor’s office – Judge
On what grounds and when can someone be released?

Different grounds apply provided that conditions of residence and control are respected
What is a release?

– Provisional release with bail – Withdrawal of preventative detention
What happens to the pre-trial detainee during the release procedure?

– Appeal: upholding the detention – Petition to squash : Execution of suspended decisions
How to use remedies?

Different applicable procedures
What are the remedies of a pre-trial detainee?

Different means of recourse depending on the stage of procedure
Which authority is competent to decide an alternative detention?

– Official of the State prosecutor’s office – Judge – Association of judges ruling on the merits