{"id":8787,"date":"2022-12-19T08:04:50","date_gmt":"2022-12-19T07:04:50","guid":{"rendered":"https:\/\/gbmlf.miam.dev\/?p=8787"},"modified":"2022-12-19T15:21:55","modified_gmt":"2022-12-19T14:21:55","slug":"law-no-1-533-of-9-december-2022-preliminary-investigation-alternative-measures-to-prosecution-police-custody-free-hearing","status":"publish","type":"post","link":"https:\/\/gbmlf.miam.dev\/en\/law-no-1-533-of-9-december-2022-preliminary-investigation-alternative-measures-to-prosecution-police-custody-free-hearing\/","title":{"rendered":"Law No.1.533 of 9 December 2022: preliminary investigation, alternative measures to prosecution, police custody, free hearing"},"content":{"rendered":"

19.12.2022<\/p>\n

Criminal Procedure<\/strong><\/p>\n

\"\"<\/p>\n

Eva GROS<\/a><\/p>\n

Law No. 1.533 of 9 December 2022 on the preliminary investigation and alternative measures to prosecution<\/strong><\/span> (JDM No. 8621 of 16 December 2022) is the result of Bill No. 1030 received by the Parliament on 9 April 2021 and voted during the Public Session of 30 November 2022.<\/strong><\/p>\n

It modernises criminal proceedings by adapting them to changes in society, “by strengthening the tools available to the judiciary and the police to prosecute offences”<\/em> while “guaranteeing the rights of defendants”<\/em><\/strong>(Legislation Committee, Report on Bill No. 1030, 28 November 2022, p. 1).<\/p>\n

Law no. 1.533 clarifies and improves the existing provisions of the Code of Criminal Procedure concerning alternative measures to prosecution<\/span>, police custody<\/span> and free hearings<\/span> (contributions of the Legislation Committee), and the preliminary investigation<\/span> (the most substantial reform).\u00a0<\/strong><\/p>\n

The entry into force is set for either 1 May 2023<\/span> or 1 March 2023<\/span>. The transitional provisions specify the modalities of application, on a case-by-case<\/span> basis.<\/strong><\/p>\n

\n

SUMMARY:<\/strong><\/span><\/p>\n

The notable contributions<\/span> of Law No. 1.533<\/strong> are as follows:<\/p>\n

\u2022 Introduction of<\/strong> alternative measures to prosecution (known as “third way”) for offences<\/strong> (directing the offender to a health, social or professional structure, penal mediation, removal measures, etc.);<\/p>\n

\u2022 Tinkering with the regime of<\/strong> police custody<\/strong> (guarantees in the event of prolongation, full body search) [contribution of the Legislation Committee];<\/p>\n

\u2022 Framing of the free hearing<\/strong> (which allows a person suspected of having committed an offence to be questioned without being taken into custody) [contribution of the Legislation Committee];<\/p>\n

\u2022 Supervision of the preliminary investigation by the judicial police<\/strong> (the first stage of the criminal trial, to be distinguished from the flagrante delicto investigation) [the most substantial contribution of the reform];<\/p>\n

\u2022 Introduction of the general procedure for additional information<\/strong> (which allows the Court to request additional investigative acts before ruling).<\/p>\n

\n

Related publication:<\/strong><\/p>\n

Law No.1.534 of 9 December 2022: assisted witness, investigation, appeal for revision in criminal matters, offences committed by legal persons<\/a><\/p><\/blockquote>\n