Information for defendants
Remand in custody
Remand in custody
When investigating a case, the police may demand that the accused be held in custody. Detention is decided by a judge's order. Detention shall not be considered a sentence of imprisonment, but shall generally be deducted from imprisonment if the defendant is sentenced to imprisonment following custody. If a defendant is remanded in custody, the judge shall be obliged to grant the defendant's request for appointment of a defence counsel. Remand in custody may only be extended by a new court order. The period of custody shall not exceed that which is necessary and the accused shall be released as soon as the reasons for remand in custody no longer exist. An accused may not be held in custody for more than twelve weeks unless legal action has been brought against him/her by issuing an indictment or urgent investigative interests so require.
Isolation
Sometimes an isolation order is required to place the defendant in custody, and the judge must take a position on this in a ruling. An accused may not be ordered to be held in solitary confinement unless it is necessary. Isolation may not be continued for longer than four weeks unless the person subject to it is accused of an offence which may be punishable by law by 10 years' imprisonment.
Conditions of custody
The conditions for custody are:
There is a reasonable suspicion that the defendant has committed conduct that is punishable by imprisonment.
The accused has reached the age of 15.
In addition, one of the following conditions must be met:
That the accused may be expected to obstruct the investigation of the case, e.g. by erasing marks after the offence, by releasing objects or influencing an accomplice or witness.
That he/she may be expected to attempt to leave the country or be hidden from the country or otherwise escape legal action or execution of punishment.
That he may be expected to continue his violations as long as his case is not concluded or there is reason to suspect that he has substantially breached conditions which have been set in his probate court.
That remand may be deemed necessary in order to protect others from attacks by the accused or himself or herself from attacks or influence by other persons.
An accused may be ordered to be detained, even if these conditions do not exist, if there is a strong suspicion that the accused has committed an offence punishable by 10 years' imprisonment and that the offence of such a nature that retention may be deemed necessary in the public interest.
Rights of remand prisoners
These rules generally apply to custody:
Guardians may obtain food and other personal necessities for themselves and receive clothing.
Prisoners shall only be left in private in accordance with a ruling by a judge, but they shall not, against their will, be kept with other prisoners.
Remand prisoners are entitled to visits. However, the person conducting the investigation may prohibit visits if necessary for the purpose of the investigation, but it is obligatory to comply with the requests of the inmate in custody to contact the defence counsel and to talk to him/her privately, and it is also appropriate to grant the requests of the inmate in custody to contact a doctor or priest, if possible.
Prisoners may use telephones or other electronic communications equipment and send and receive letters and other documents. However, the person conducting the investigation may prohibit the use of telephones or other electronic communications equipment and have the contents of letters or other documents examined and detained if necessary for the purpose of the investigation, but the sender shall be notified of the detention, if this is the case.
Prisoners may read newspapers and books, as well as follow radio and television. However, the person conducting the investigation may limit the access of custodial prisoners to the media if necessary for the purpose of the investigation.
Remand prisoners may, as far as possible, obtain employment while in custody.
Service provider
Director of Public Prosecution