Article 88: Detention or release after indictment

Décisions de la Cour suprême interprétant cette section

1. Arrêt de la Cour suprême n° 2694/2553 (2010)

   Under the former Section 88 then in force, where the defendant was granted provisional release upon the filing of the charge, there was no ground for the Court of First Instance to issue a detention warrant during trial.

   The defendant was released provisionally on the same day the charge was filed, so the court held there was no basis to issue a trial-stage detention warrant under the former Section 88.

2. Arrêt de la Cour suprême n° 350/2553 (2010)

   Arrest and custody are steps separate from the investigation; once the prosecutor files and the court accepts the charge and issues a detention warrant during trial under Sections 71 and 88, the custody is lawful, and the legality of the investigation is for the trial court to decide.

   The court held the applicant's detention during trial was lawful because it rested on the court's power under Sections 71 and 88 after indictment, so a separate petition challenging it failed.

3. Arrêt de la Cour suprême n° 7116/2544 (2001)

   The initial arrest and custody are separate from the investigation, so a flawed investigation does not defeat the prosecutor's power to prosecute; detention during trial ordered after indictment under Sections 58(4), 71 and 88 is lawful and does not violate Section 90.

   After the applicants were indicted and the court accepted the charge and ordered detention during trial under Sections 58(4), 71 and 88, the court held the custody did not violate Section 90 and the prosecutor's authority to prosecute was unaffected.

Curated decisions with case numbers verified against the Supreme Court database. English renderings are the firm's editorial translation for study.