From Police Custody to Prosecution
The stages of criminal proceedings, from police custody through to the prosecution phase.
Stages of the Process
Apprehension & Custody
The suspect is apprehended and taken into custody; before questioning they have the right to be informed of the charge, to remain silent, and to consult a lawyer.
For individually committed offences, the maximum is 24 hours (including time to be brought before the court).
Statement & Interrogation
The suspect's statement is taken by police or the prosecutor; a defence lawyer may be present.
Prosecutor's Decision
The prosecutor decides to release the suspect, impose judicial control, or refer the case to the criminal court of peace with a request for pre-trial detention.
Completion of the Investigation
Evidence is gathered; the prosecutor decides either on non-prosecution or on preparing an indictment.
Prosecution (Trial)
Once the indictment is accepted by the court, hearings begin and the parties present their evidence.
Judgment & Appeal
The court issues its judgment; the parties may appeal and, where applicable, seek cassation.
The time periods noted are statutory maximums; the overall duration of a process can vary depending on court workload, and these periods are not a guarantee.
Required Documents
- Identity document
- Previous hearing/statement records, if any
- Power of attorney (if represented by a lawyer)
Common Mistakes
- Giving a statement without a lawyer present or rights being explained
- Neglecting judicial control obligations (reporting, travel ban)
- Missing appeal or cassation deadlines