A thorough study demonstrates that in the criminal procedure law, the arrest might take place mainly in three potential scenarios.
First is when the arrest order issued by Judicial Officers. The law provides the Judicial Officers with a discretionary power to order an arrest, for a maximum period of 48 hours in the following cases:
- In crimes
- While caught committing an offense in felonies that are not punished by fines.
- In felonies that are not punished by fines if the accused is under investigation or it is probable that he may possibly escape.
- In Felonies of fraud, theft, treasury, 'severe assault, resisting public force personnel by force, breaching public manners, as well as felonies related to weapons, ammunition, alcohol and hazardous drugs.'
Such arrest orders could be issued in the presence or in absentia of the accused.
After getting the accused arrested, the Judicial Officers are most likely to refer them to the Public Prosecution within a period of maximum 48 hours. The Public Prosecution would have the right to decide whether to issue an arrest order or another order to keep him in detention for a longer period or to release him. This is in accordance with Article No. 47 of the same Criminal Procedures Law.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
