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prevention. In particular, it is to be revoked if the accused is acquitted or if the
opening of the main proceedings is refused or if the proceedings are terminated
other than provisionally.
(2) The accused’s release shall not be delayed by the fact that an appellate remedy
is being sought.
(3) The warrant of arrest shall also be revoked if the public prosecution office makes
the relevant application before public charges have been preferred. The public
prosecution office may order the release of the accused simultaneously with such
application.
Section 121
Continuation of remand detention beyond six months
(1) As long as a judgment has not been given imposing a sentence of imprisonment
or a measure of reform and prevention involving deprivation of liberty, then remand
detention for one and the same offence exceeding a period of six months shall be
enforced only if the particular difficulty or the unusual extent of the investigations or
some other important reason do not yet admit pronouncement of judgment and
justify continuation of remand detention.
(2) In the cases under subsection (1), the warrant of arrest shall be revoked upon
expiry of the six-month period, unless enforcement of the warrant of arrest is
suspended pursuant to section 116 or the higher regional court orders remand
detention to continue.
(3) If the case file is submitted to the higher regional court prior to the expiry of the
time limit referred to in subsection (2), the running of the time limit shall be
suspended pending that court’s decision. If the main proceedings commenced prior
to the expiry of the time limit, the running of the time limit shall be suspended until
pronouncement of the judgment. If the main proceedings are suspended and the
case file is forwarded to the higher regional court without delay upon suspension of
the proceedings, the running of the time limit shall likewise be suspended pending
that court’s decision.
(4) In cases over which a criminal division has jurisdiction pursuant to section 74a of
the Courts Constitution Act, the decision shall be given by the higher regional court
competent pursuant to section 120 or 120a of the Courts Constitution Act. In cases
over which a higher regional court has jurisdiction pursuant to section 120 of the
Courts Constitution Act, the Federal Court of Justice shall decide instead.
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