{"schemaVersion":1,"recordType":"legal-article","id":"law:eri:code:criminal-procedure:2015:article:80","workId":"law:eri:code:criminal-procedure:2015","expressionId":"law:eri:code:criminal-procedure:2015:en","title":"Conditions of Detention and Release Pending Completion of Investigation","number":"80","language":"en","canonicalUrl":"https://eriatlas.com/law/criminal-procedure-code-2015/article/80/","hierarchy":{"book":"BOOK II — PROSECUTION AND INQUIRY","title":"TITLE I — SETTING IN MOTION PROSECUTION AND INQUIRY","chapter":"Chapter 2. — Pre-Trial Detention and Release"},"paragraphs":[{"id":"p1","number":"1","text":"Where the Court has ordered that a person be detained pursuant to Article 61, the detention shall be in a prison facility and the police shall promptly, following the issuance of a Court order, transfer the person to the appropriate prison facility. The Court has the authority to ensure, by entering at any time into prisons and other places where detainees are held, that detainees or prisoners are held in accordance with the law. Where the Court finds that detainees or prisoners are not held in accordance with the law, the Court shall take measures pursuant to Article 61 (3).","canonicalUrl":"https://eriatlas.com/law/criminal-procedure-code-2015/article/80/#p1","sourceTargets":[{"sourceId":"criminal-procedure-code-2015-en","pdfPage":75,"url":"https://eriatlas.com/sources/criminal-procedure-code-2015/page/75/?article=80¶graph=p1#article-80-p1"}]},{"id":"p2","number":"2","text":"The following conditions shall apply:","canonicalUrl":"https://eriatlas.com/law/criminal-procedure-code-2015/article/80/#p2","sourceTargets":[{"sourceId":"criminal-procedure-code-2015-en","pdfPage":75,"url":"https://eriatlas.com/sources/criminal-procedure-code-2015/page/75/?article=80¶graph=p2#article-80-p2"}]},{"id":"p2a","number":"a","text":"No person held pending trial shall be detained in the same cell with persons convicted after trial.","canonicalUrl":"https://eriatlas.com/law/criminal-procedure-code-2015/article/80/#p2a","sourceTargets":[{"sourceId":"criminal-procedure-code-2015-en","pdfPage":75,"url":"https://eriatlas.com/sources/criminal-procedure-code-2015/page/75/?article=80¶graph=p2a#article-80-p2a"}]},{"id":"p2b","number":"b","text":"Detainees of one sex shall not be kept with detainees of the opposite sex.","canonicalUrl":"https://eriatlas.com/law/criminal-procedure-code-2015/article/80/#p2b","sourceTargets":[{"sourceId":"criminal-procedure-code-2015-en","pdfPage":76,"url":"https://eriatlas.com/sources/criminal-procedure-code-2015/page/76/?article=80¶graph=p2b#article-80-p2b"}]},{"id":"p2c","number":"c","text":"Where a detainee has money of his own, he may buy and bring food, tobacco, clothes and bedding.","canonicalUrl":"https://eriatlas.com/law/criminal-procedure-code-2015/article/80/#p2c","sourceTargets":[{"sourceId":"criminal-procedure-code-2015-en","pdfPage":76,"url":"https://eriatlas.com/sources/criminal-procedure-code-2015/page/76/?article=80¶graph=p2c#article-80-p2c"}]},{"id":"p2d","number":"d","text":"The detainee may, at regular intervals, meet his relatives and correspond with them and purchase, borrow or otherwise obtain books and newspapers.","canonicalUrl":"https://eriatlas.com/law/criminal-procedure-code-2015/article/80/#p2d","sourceTargets":[{"sourceId":"criminal-procedure-code-2015-en","pdfPage":76,"url":"https://eriatlas.com/sources/criminal-procedure-code-2015/page/76/?article=80¶graph=p2d#article-80-p2d"}]},{"id":"p2e","number":"e","text":"The Prison Administrator may exercise reasonable control over the books and newspapers brought in and the letters to relatives written by the detainee.","canonicalUrl":"https://eriatlas.com/law/criminal-procedure-code-2015/article/80/#p2e","sourceTargets":[{"sourceId":"criminal-procedure-code-2015-en","pdfPage":76,"url":"https://eriatlas.com/sources/criminal-procedure-code-2015/page/76/?article=80¶graph=p2e#article-80-p2e"}]},{"id":"p2f","number":"f","text":"Where the prosecutor deems the privileges of the detainee under sub-Article (d) to be an obstruction to preparation for trial, he may apply to the Court which issued the detention order, after notice to the detainee or his counsel, for revocation of these privileges. Revocation, if ordered by the Court, shall be in writing, setting forth the reasons therefor. Upon request, the detainee’s counsel shall be given an opportunity to appear before the Court and argue against revocation.","canonicalUrl":"https://eriatlas.com/law/criminal-procedure-code-2015/article/80/#p2f","sourceTargets":[{"sourceId":"criminal-procedure-code-2015-en","pdfPage":76,"url":"https://eriatlas.com/sources/criminal-procedure-code-2015/page/76/?article=80¶graph=p2f#article-80-p2f"}]},{"id":"p2g","number":"g","text":"A detainee shall always be offered opportunity to perform work but shall not be obligated to work. If a detainee chooses to work, he shall be paid for his labor.","canonicalUrl":"https://eriatlas.com/law/criminal-procedure-code-2015/article/80/#p2g","sourceTargets":[{"sourceId":"criminal-procedure-code-2015-en","pdfPage":76,"url":"https://eriatlas.com/sources/criminal-procedure-code-2015/page/76/?article=80¶graph=p2g#article-80-p2g"}]},{"id":"p2h","number":"h","text":"All other conditions of detention prescribed by the law relating to prisons and not inconsistent with this Article shall apply to detainees being held pending trial.","canonicalUrl":"https://eriatlas.com/law/criminal-procedure-code-2015/article/80/#p2h","sourceTargets":[{"sourceId":"criminal-procedure-code-2015-en","pdfPage":76,"url":"https://eriatlas.com/sources/criminal-procedure-code-2015/page/76/?article=80¶graph=p2h#article-80-p2h"}]},{"id":"p3","number":"3","text":"The public prosecutor shall take all measures necessary to ensure that the investigation is completed promptly with a view to preparation of charge and commencement of trial. The Prison Administration shall for the same purpose also periodically, but not later than monthly, inform the Courts which have issued detention orders pursuant to this Article and the public prosecutor in writing of detainees against whom charges have not been framed.","canonicalUrl":"https://eriatlas.com/law/criminal-procedure-code-2015/article/80/#p3","sourceTargets":[{"sourceId":"criminal-procedure-code-2015-en","pdfPage":77,"url":"https://eriatlas.com/sources/criminal-procedure-code-2015/page/77/?article=80¶graph=p3#article-80-p3"}]},{"id":"p4","number":"4","text":"The detainee, his counsel, a relative or any other interested person acting on behalf of the detainee shall, fifteen (15) days after the order of the detention, have the right to apply in writing to the Court which issued the detention order with a view to completion of the investigation and preparation of a charge against the detainee.","canonicalUrl":"https://eriatlas.com/law/criminal-procedure-code-2015/article/80/#p4","sourceTargets":[{"sourceId":"criminal-procedure-code-2015-en","pdfPage":77,"url":"https://eriatlas.com/sources/criminal-procedure-code-2015/page/77/?article=80¶graph=p4#article-80-p4"}]},{"id":"p5","number":"5","text":"The Court shall, after receipt of the application under sub-Article (4) hereof, notify the public prosecutor that a decision will be taken under sub-Article (6) hereof, if the Court does not receive a copy of the charge against the detainee or a copy of the public prosecutor’s decision not to institute proceedings under Article 103 or 104.","canonicalUrl":"https://eriatlas.com/law/criminal-procedure-code-2015/article/80/#p5","sourceTargets":[{"sourceId":"criminal-procedure-code-2015-en","pdfPage":77,"url":"https://eriatlas.com/sources/criminal-procedure-code-2015/page/77/?article=80¶graph=p5#article-80-p5"}]},{"id":"p6","number":"6","text":"If neither of the copies requested by the Court is submitted to the Court fifteen (15) days after the date of the issue the Court’s notice under sub-Article (5), the Court shall order the release of the detainee under sub-Article (7) until receipt of either of copies requested by the Court under sub-Article (5).","canonicalUrl":"https://eriatlas.com/law/criminal-procedure-code-2015/article/80/#p6","sourceTargets":[{"sourceId":"criminal-procedure-code-2015-en","pdfPage":77,"url":"https://eriatlas.com/sources/criminal-procedure-code-2015/page/77/?article=80¶graph=p6#article-80-p6"}]},{"id":"p7","number":"7","text":"The Court shall order that the detainee be released until receipt by the Court of either of copies requested by it under sub-Article (5), subject to one or more of the conditions set forth in Article 70 (1) (a) through (h) or any other condition that the Court deems appropriate. The Court may, in its discretion and in view of the continuance of reason for which it had ordered the detention of the person, decide that the person be released after such time as the Court shall decide, but not longer than thirty (30) days from the date of the order of the Court under this sub-Article.","canonicalUrl":"https://eriatlas.com/law/criminal-procedure-code-2015/article/80/#p7","sourceTargets":[{"sourceId":"criminal-procedure-code-2015-en","pdfPage":77,"url":"https://eriatlas.com/sources/criminal-procedure-code-2015/page/77/?article=80¶graph=p7#article-80-p7"},{"sourceId":"criminal-procedure-code-2015-en","pdfPage":78,"url":"https://eriatlas.com/sources/criminal-procedure-code-2015/page/78/?article=80¶graph=p7#article-80-p7"}]},{"id":"p8","number":"8","text":"If the person had, however, been detained for the reason contained in Article 69 (5)(e) and unless the Court decides that such reason does not exist anymore, the public prosecutor shall take all measures necessary to complete the investigation as soon as possible and make the necessary subsequent decisions.","canonicalUrl":"https://eriatlas.com/law/criminal-procedure-code-2015/article/80/#p8","sourceTargets":[{"sourceId":"criminal-procedure-code-2015-en","pdfPage":78,"url":"https://eriatlas.com/sources/criminal-procedure-code-2015/page/78/?article=80¶graph=p8#article-80-p8"}]},{"id":"p9","number":"9","text":"The provisions of sub-Articles (3) – (7) shall apply mutatis mutandis to persons who have been released upon deposit of bail with or without guarantors as well as persons who have been released under the condition contained in Article 70 (1)(g), provided that the period of time described in sub-Articles (4) and (6) regarding the persons referred to in this sub-Article shall be thirty (30) and fifteen (15) days respectively.","canonicalUrl":"https://eriatlas.com/law/criminal-procedure-code-2015/article/80/#p9","sourceTargets":[{"sourceId":"criminal-procedure-code-2015-en","pdfPage":78,"url":"https://eriatlas.com/sources/criminal-procedure-code-2015/page/78/?article=80¶graph=p9#article-80-p9"}]},{"id":"p10","number":"10","text":"In any decision that the Court makes pursuant to sub-Articles (6) – (9), the Court may, if it is of the opinion that such a measure is necessary for proper determination of its order, require the applicant and the public prosecutor to give their opinions on the order that the Court wants to give.","canonicalUrl":"https://eriatlas.com/law/criminal-procedure-code-2015/article/80/#p10","sourceTargets":[{"sourceId":"criminal-procedure-code-2015-en","pdfPage":78,"url":"https://eriatlas.com/sources/criminal-procedure-code-2015/page/78/?article=80¶graph=p10#article-80-p10"}]}],"caution":"English-language 2015 Ministry of Justice edition. Refworld catalogues the English text as an unofficial translation. Eri Atlas has not independently verified the translation or whether this text reflects later legal changes."}