1The validation hearing shall be conducted with the necessary presence of the prosecutor and defense lawyer. When the retained lawyer or the ex officio - appointed defense lawyer has not been found or has not appeared, the court shall appoint a substitute defence lawyer.

2The prosecutor shall indicate the grounds for the arrest or detention. The court then hears the arrested or detained person and his/her defense lawyer, or only the latter, if the arrested or detained person has refused to appear. Evidence obtained in such hearing shall be considered as obtained during the trial, but, upon request of the parties, it may be subject to trial hearing, during the examination of the merits of the case.

3When it appears that the arrest or detention has been carried out illegally, the court shall issue a decision on its validation. When there is a request by the prosecutor, the court shall assign a precautionary measure. An appeal may be filed against the decision of the court pursuant to article 249 of this Code.

4When the arrest or detention has not been lawfully conducted, the court shall order the immediate release of the arrested or detained person. An appeal may be filed by the prosecutor against such decision pursuant to article 249 of this Code.

5The arrest or detention shall lose its effect, if the court decision for the validation is announced within forty-eight hours of the submission of the prosecutor’s request to the court.