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The remand or detention of a suspect is the process of keeping a person who has been arrested in custody, normally in a remand prison, prior to a trial, conviction or sentencing. The word "remand" is used generally in common law jurisdictions to describe pre-trial detention; other legal systems use varying terms and phrases. Pre-trial detention differs fundamentally from post-adjudicatory detention, or imprisonment. In many western-style democracies imprisonment without trial is considered to be in contradiction to the idea that a suspect is innocent until proven guilty, and for this reason pre-trial detention is usually subject to safeguards and restrictions as to its permissible duration. Where the courts cannot be persuaded that a suspect should be remanded in custody ahead of trial - for instance in the interests of "public safety" - a suspect will be released on bail until trial (or, in some cases, sentencing). ==Detention before charge== The pre-charge detention period is the period of time during which an individual can be held and questioned by police, prior to being charged with an offense. Not all countries have such a concept, and in those that do, the period for which a person may be detained without charge varies by jurisdiction. The prohibition of prolonged detention without charge, ''habeas corpus'', was first introduced in England about a century after Magna Carta; the use of ''habeas corpus ad subjiciendum'' in 1305 was cited by William Blackstone. === Czech Republic === 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 familiarized 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).〔 §76〕 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.〔 §77〕 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.〔 §76(2)〕 抄文引用元・出典: フリー百科事典『 ウィキペディア(Wikipedia)』 ■ウィキペディアで「Remand (detention)」の詳細全文を読む スポンサード リンク
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