Decision on the release of a defendant held in pre-trial detention

Facts

On 30 November 1964, the federal investigating judge ordered the release of Dériaz, who had been held in pre-trial detention since 1 April 1964, subject to various conditions. The Federal Public Prosecutor's Office filed an appeal against this decision.

Considerations

The Indictment Division examined the appeal of the Federal Public Prosecutor's Office against the decision to release Dériaz. It considered that Art. 52 FCJA allows the accused in pre-trial detention to request his release at any time, and that the rejection of this request may be the subject of an appeal to the Indictment Division. This legal remedy is that of the complaint governed by Arts. 214 et seq. FCJA, and it is available without restriction to the parties, including the Public Prosecutor's Office.

The Indictment Division then specified that, when seized of an appeal against a release decision, it can only intervene if the investigating judge has violated the law. When the decision falls within the judge's discretion, the Division merely examines whether the judge has exceeded the power conferred on him by law.

According to Art. 50 FCJA, the accused in pre-trial detention must be released as soon as his incarceration is no longer justified, i.e. in particular when the conditions laid down in Arts. 44 and 47 FCJA for the arrest warrant and…