Section 38x
1. If there are serious reasons to suspect that the convicted offender is not complying or has not
complied with the measure, the Public Prosecution Service may order his arrest. If the order of the
Public Prosecution Service cannot be awaited, the assistant public prosecutor may order the arrest
of the convicted offender. The assistant public prosecutor shall promptly notify the arrest, in writing
or verbally, to the Public Prosecution Service.
2. The Public Prosecution Service shall promptly submit an application for enforcement of the default
detention to the examining magistrate.
3. The examining magistrate shall give a decision within a period of three times twenty-four hours
after submission of the application. Pending the decision of the examining magistrate, the arrested
convicted offender shall not be released.
4. The convicted offender shall be heard by the examining magistrate. Sections 40 and 191 of the
Code of Criminal Procedure shall apply mutatis mutand
is. The convicted offender’s defence
counsel has the right to be present when the convicted offender is being heard and to inspect the
documents relevant to this application.
5. If the examining magistrate grants the application of the Public Prosecution Service, he shall order
the enforcement, in whole or in part, of the default detention set in the judgment. The period of
deprivation of liberty served, as referred to under subsection (3), shall be fully deducted from the
term of the default detention to be enforced. If he rejects the application, he shall order the release
of the convicted offender.
6. The Public Prosecution Service shall promptly give the convicted offender written notice of the
decision of the examining magistrate. The notice shall inclu
de the examining magistrate’s decision
on non-compliance with the measure and the number of days of default detention.
7. The convicted offender and the Public Prosecution Service may file an appeal against the decision
of the examining magistrate with the court that imposed the measure within fourteen days. The
Public Prosecution Service shall enclose with its appeal the documents relevant to the application
and send them to the court. The court shall promptly set a day for a hearing of the case, unless it
determines that the convicted offender’s appeal is inadmissible. The Public Prosecution Service
shall summon the convicted offender to appear at the hearing and the application shall be served
on him. Sections 14i and 14j shall apply mutatis mutandis.
Section 38ij
In cases where an application for enforcement, as referred to in section 38x(2), is rejected, or the
application of the Public Prosecution Service is declared inadmissible, or the court annuls the
examining magistrate’s decision for enforcement as referred to in section 38x(5), or if the case ends
without the imposition of the measure referred to in section 38v, the court which determines questions
of fact and rendered the last decision on the measure involving the restriction of liberty, may, on
application of the convicted offender, grant him compensation to be paid by the State as damages for
deprivation of liberty served under section 38x. Sections 89(1, second sentence), (2), and (6), 90 and
93 of the Code of Criminal Procedure shall apply mutatis mutandis.
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