Frequently asked questions
What is a referral to the examining magistrate?
On 10, Aug 2012 | In Frequently Asked Questions | By - K. Canatan
If an accused has been placed under insurance by the Public Prosecutor and the Public Prosecutor, after the period of insurance has expired, considers that the accused should be detained for a longer period, he will ask the examining magistrate to issue a detention order.
The examining magistrate will then hear the accused in the presence of his lawyer and possibly the public prosecutor. The examining magistrate will examine whether there is a suspicion for which detention is allowed, whether sufficient evidence has been provided and whether there are also reasons to detain a suspect. The latter is the case, for example, where the offence is very serious, where there are still investigations to be carried out by the police which could be frustrated by the suspect or where there is a risk that the suspect will commit a further offence. The latter can be deduced, among other things, from the judicial documentation ('criminal record') of a suspect.
When the examining magistrate grants the prosecutor's request, he issues a detention order, with which pre-trial detention begins. Detention is for a maximum of 14 days. The accused is then transferred to a detention centre. At the request of the accused person or not, the examining magistrate may also order detention and at the same time suspend it on the grounds that it would seriously harm the personal interests of the accused person. The suspect will then have to comply with conditions to be set by the examining magistrate during the suspension, including in any case the condition that he will not be guilty of a criminal offence during the suspension.
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