Pre-trial
detention

Extension of pre-trial detention

After the expiry of the period for which pre-trial detention has been applied, the investigating authority must consider the issue of its extension. This applies to both pre-trial and court proceedings. When the case is still at the preparatory stage, the prosecutor must apply to the court for an extension of pre-trial detention. The further procedure is very similar to the one in which temporary arrest is applied for the first time. This means that a meeting of the competent court will be scheduled, during which the application will be examined.

In this case, however, the defense counsel and the suspect have more time to react, as the application for the extension of pre-trial detention should be sent to the court at least 14 days before the end of its application. At the same time, the case files and evidence, which was the basis for the application for the extension of the application of pre-trial detention, are still open to the defense counsel and the suspect. It is a good practice to prepare a response to the prosecutor’s request so that the trial court can familiarize itself with our arguments in advance.

When applying for the extension of pre-trial detention, the prosecutor must prove why he has not been able to conduct the evidentiary proceedings in full. As a consequence, the application for the extension of pre-trial detention cannot be identical or even identical to the original application for the application of a preventive measure. Unfortunately, in practice, it very often happens that these conclusions do not differ from each other, or they are single changes.

We have provided only very general information above. More details can be found below in the texts of our specialists.

We invite you to read it!


31.08.2020

The European Court of Human Rights and the extension of pre-trial detention