1Precautionary detention in prison ceases to have effect, if from the beginning of its execution, the following time limits have lapsed without the acts being filed to court:
athree months, when proceeding for criminal contraventions;
bsix months, when proceeding for crimes punishable by up to ten years’ imprisonment, in the maximum term;
ctwelve months, when proceeding for crimes punishable by not less than ten years’ imprisonment, in the maximum term, or with life imprisonment.
2Precautionary detention in prison ceases to have effect, if from the date of submission of the documents to court, the following time limits have lapsed without a conviction decision being issued in the first instance:
atwo months when proceeding for criminal contraventions;
bnine months, when proceeding for crimes punishable by up to ten years’ imprisonment, in the maximum term;
ctwelve months, when proceeding for crimes punishable by not less than ten years’ imprisonment, in the maximum term, or with life imprisonment.
3Precautionary detention in prison ceases to have effect, if from the date of issue of the sentence in the first instance, the following time limits have lapsed, without a decision being issued in the court of appeal:
atwo months, when proceeding for criminal contraventions;
bsix months, when proceeding for crimes punishable by up to ten years’ imprisonment, in the maximum term;
cnine months, when proceeding for crimes punishable not less than ten years’ imprisonment, in the maximum term, or life imprisonment.
4In case where the decision is quashed by the High Court and the case is returned to the court of first instance or court of appeal and also when the decision is quashed by the court of appeal and returned to the court of first instance, time limits provided for each instance of the proceedings start to run again from the day of issuance of the decision of the High Court or the court of appeal.
5In case where the defendant under precautionary detention in prison escapes, time limits start to run again from the moment he is placed in detention in prison again.
6The entire time period for the precautionary detention in prison, taking also into account the extension provided for under Article 264, paragraph 2, shall not exceed the following time limits:
aten months, when proceeding for criminal contraventions;
btwo years, when proceeding for crimes punishable by up to ten years’ imprisonment, in the maximum term;
cthree years, when proceeding for crimes punishable by not less than ten years’ imprisonment, in the maximum term, or life imprisonment.
7When at the end of the time limit for the precautionary detention in prison, the prosecutor notified to the defendant a new charge, which provides for longer precautionary detention time limits, he/she asks the court to assign a new time limit for the precautionary detention in prison. The court shall decide in judicial hearing, after hearing the parties.
8When the new charge relates to a new fact, which was unknown at the beginning of the proceedings, the court shall assign a new time limit, which starts to run from the beginning, whereas in cases where only the legal qualification of the offence changes, the court shall apply the precautionary measure, and the time limit shall start to run at the same moment of the previous precautionary measure.