- Law n° 93-114 of 22nd November 1993 amending and completing certain
Articles of the Criminal Procedure Code, aimed at strengthening the rights of
detainees.
- Law n° 99-90 of 2nd August 1999, amending and completing certain provisions
of the Penal Code aimed at promoting the guarantees of police custody. It should
be pointed out here that the maximum duration for police custody and for remand
is established by the law.
With regard to police custody, the maximum duration has been three days since
1999, and can only be extended once, for an equal period. It therefore lasts, at
most, six days.
Concerning remand, the duration varies depending on whether it is a crime or an
offense that has been committed.
Concerning crimes, the duration is a maximum of six months and can be
extended twice, for four months each time. Thus, its maximum duration is
fourteen months.
With regard to offenses, it has been fixed since 1993 at six months with a
possibility of extension only once for a period of three months, so that it totals
nine months altogether.
According to the provisions of this law, the judicial police officer is compelled to
inform the person in custody of the procedure adopted in his regard, the reason
for it and its duration while reading out the guarantees reserved for him by law,
namely the possibility of benefitting from a medical check up during the period in
police custody. Likewise, the judicial police officer is compelled to inform one of
the relatives, descendants, brothers, sisters or spouse of the detainee, depending
on his choice, about the measures taken in his regard.
The detainee or one of the above-mentioned persons can ask that he be given a
medical check up during the custody period or at the end of it.
129. The report drafted by the judicial police officer should mention the following
details:
•
•
•
•
•
•
•
The information on the detainee pertaining to the measures taken in
his regard and on his agreement;
The reading of what is guaranteed to the detainee by the law;
The notification or lack of notification of the family of the detainee;
If the medical check up had been requested by the detainee or by
one of the members of his family;
Indication of the day, the hour of the beginning and the end of the
police custody and those of the interrogation;
The signature of the judicial police officer and that of the detainee;
Mention of the possible refusal by the detainee to sign the report and
indication of the reason for this refusal.
130. The judicial police officers should, in the police custody posts, keep a special
register serial marked and signed by the Public Prosecutor or his Deputy and
must contain the following details:
•
•
•
The identity of the detainee;
The day and the hour of the beginning of the police custody;
The notification of the family of the detainee concerning the
measure taken in his regard;
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