Section 118
Procedure for review of detention
(1) In the case of a review of detention being carried out, a decision shall be given
after an oral hearing upon application by the accused or ex officio at the court’s
discretion.
(2) If a complaint has been lodged against the warrant of arrest, then, upon
application by the accused or ex officio, a decision may also be given in the
complaint proceedings after an oral hearing.
(3) If remand detention has been upheld following an oral hearing, the accused shall
have a right to a further oral hearing only if remand detention has continued for at
least three months and at least two months of remand detention have elapsed since
the last oral hearing.
(4) A right to an oral hearing shall not exist as long as the main hearing is in process
or after a judgment has been pronounced which imposes a sentence of
imprisonment or a measure of reform and prevention involving deprivation of liberty.
(5) The oral hearing shall be held without delay; unless the accused consents
thereto, it may not be scheduled more than two weeks after receipt of the
application.
Section 118a
Oral hearing for review of remand detention
(1) The public prosecution office, the accused and defence counsel shall be notified
of the place and time of the oral hearing.
(2) The accused shall be brought to the hearing, unless he has waived his right to
be present at the hearing or unless great distance or sickness of the accused or
other insurmountable obstacles prevent his being brought to the hearing. The court
may order that, under the conditions of sentence 1, the oral hearing shall be
conducted in such a way that the accused is located somewhere other than the
court and the hearing is simultaneously transmitted audio-visually to the place where
the accused is located and to the courtroom. If the accused is not brought to the oral
hearing and if the procedure pursuant to sentence 2 is not followed, defence
counsel shall safeguard his rights at the hearing. In that case, the accused shall be
assigned defence counsel for the oral hearing if he does not yet have such counsel.
Sections 142, 143 and 145 shall apply accordingly.
(3) The parties present shall be heard during the oral hearing. The court shall
determine the type and extent of evidence to be taken. A record shall be drawn up
of the hearing; sections 271 to 273 shall apply accordingly.
(4) The decision shall be pronounced at the end of the oral hearing. If this is not
possible, the decision shall be given within one week at the latest.
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