Criminal and administrative liability

For how long and in what order can you be detained?

Huquqchi legal team

A detention record must be drawn up, stating the ground, the date and the exact time. A detained person may use a lawyer and may demand that a close relative is told. Detention lasts at most 48 hours from the actual detention; a court decision can extend it by another 48 hours.

The record

A detention is formalised with a record. It states who detained you, when, on what ground, and which crime you are suspected of. Check the time: under article 226 of the Criminal Procedure Code, the detention period is counted from the moment of the actual detention and lasts at most 48 hours.

Your rights

To know what you are suspected of; a lawyer; notice to a close relative; refusal to give evidence; the right to complain.

Remand in custody

The court applies remand in custody as a preventive measure. You have the right to take part in the court session and to state your position.

Complaints

You can complain against the acts of the investigator to the head of the investigation unit, or to the supervising prosecutor. You appeal the court ruling on remand in custody in the appeal procedure. If a time limit was missed, record this in writing.

Legal sources

Legal basisCriminal Procedure Code, article 226 Legal basisCriminal Procedure Code, article 225 Legal basisCriminal Procedure Code, article 48

This article gives legal information, not legal advice. For your own situation, consult a qualified lawyer.