When detained on reasonable suspicion, you can be held for a maximum of 48 hours. During this time, the person directing the proceedings must decide whether to release you or to give you the status of a suspect or an accused and ask an investigative judge to take you into custody. 

If you are detained with the status of a fugitive, suspect or accused, you must be brought before an investigative judge not later than on the second day following the date of apprehension. You can read more about this in the Code of Criminal Procedure. If you have been detained at the time your trial commences, you must be brought in front of the Court that is examining your case. 

important It is the duty of the person directing the proceedings to bring you in front of an investigative judge or the Court and you do not have to ask for this to be done. The police or the prosecutor him/herself cannot decide to take you into custody.

The investigative judge or the Court can decide to take you into custody only on the grounds stated in law. Read more about the reasons for pre-trial custody. 

What human rights violation may there be?

If you were not promptly and automatically brought in front of an investigative judge or the court before your detention period expired, it may result in a violation of the right to liberty and security of a person.

Human Rights Guide

A European platform for human rights education