page_title: Remand (detention)
section_title: Czech Republic
hierarchical_section_title: Remand (detention) / Detention before charge or trial / Czech Republic
caption_attribution_description: Čeština: Teplice, Vrchlického 974/10. V den státního smutku nad smrtí prezidenta Havla je vlajka před služebnou policie na půl žerdi. English: Police station in Teplice on the day of state mourning; the flag is half-staff after the death of the former president Václav Havel Camera location50°&#160;38′&#160;39.3″&#160;N, 13°&#160;49′&#160;57.4″&#160;E&#160;&#160;&#160;View this and other nearby images on: OpenStreetMap - Google Earth
context_page_description: Remand is the process of detaining a person who has been arrested and charged with an offence until their trial. A person who is on remand is held in a prison or detention centre, or held under house arrest. Varying terminology is used, but "remand" is generally used in common law jurisdictions and in Europe "preventive detention". Detention before charge is referred to as custody and continued detention after conviction is referred to as imprisonment.
  Because imprisonment without trial is contrary to the presumption of innocence, in liberal democracies pre-trial detention is usually subject to safeguards and restrictions. Typically, a suspect will be remanded only if it is likely that he or she could commit a serious crime, interfere with the investigation, or fail to turn up in court. In the majority of court cases, the suspect will be outside custody while awaiting trial, often with restrictions such as bail.
  Research on pre-trial detention in the United States has found that pre-trial detention increases the likelihood of convictions, primarily because individuals who would otherwise be acquitted or have their charges dropped enter guilty pleas.
context_section_description: Under Article 8 of the Charter of Fundamental Rights and Basic Freedoms of the Czech Republic, which has the same legal standing as the Czech Constitution, a suspect must be immediately familiarised with the grounds of detention, must be interviewed and within 48 hours either released or charged and handed over to a court. The court then has a further 24 hours either to order a custody, or to release the person detained.
  Detailed rules of detention are included in the Criminal Procedural Code. The police may arrest and detain a suspect after obtaining prosecutor's consent. In an urgent case the police may detain a suspect without the consent. In both cases, however, the police detention may take place only when grounds for pre-trial detention exist (see below).  The statutory limits of 48 + 24 hours must be complied with and reaching the time limit should aways trigger immediate release, unless a court has ordered pre-trial custody.
  Anybody may detain a person, who was caught while perpetrating a crime (not a misdemeanor) or immediately after it, when capturing of the perpetrator is necessary to either ascertain the perpetrator's identity or to prevent the perpetrator from escaping or to secure evidence. The perpetrator must immediately be handed over to the police, or when that is not possible, detention of the perpetrator must be immediately reported to the police.
caption: Czech Police station in Teplice
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