How long can detention on remand be applied as a security measure?

Trial within reasonable time

Human rights require that you be tried within a reasonable time or otherwise released whilst waiting for the trial. In Moldova, the time that you can be held detained is stated in the Constitution and the Criminal Procedure Code. Your detention must not exceed the time periods clearly stated in law.

Detention on remand may be ordered for a period of no more than 30 days. Any requested extension may be decided for the same period, but no detention on remand can exceed 12 months taken all together. The latter period includes both pre-trial and trial stages until the sentence of the court is issued. If you are a minor, your total duration of detention on remand cannot exceed 8 months.

Reasoned decision

Every time an investigative judge or the court prolongs the period of your detention on remand, the decision has to explain and justify in detail why in your case specifically it is still necessary to keep you detained. If the decision does not give detailed and case-specific reasons, it may result in a violation of your rights.

What human rights violation may there be?

Prolonged detention on remand in violation of the time limits stated in law may result in a violation of the right to liberty and security of a person.

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Last updated 10/11/2024