1When the defendant is arrested in flagrante delicto and is being investigated for the commission of a criminal offence which is tried by a single judge, the prosecutor within forty-eight hours of his arrest submits to the court the request for validation and his direct trial, if he deems that no further investigation is needed.
2If the arrest is deemed lawful and there is no need for further investigations, the court proceeds immediately with the trial, whereas when it is not found grounded, the acts are returned back to the prosecutor. In the latter case, if the defendant and the prosecutor give their consent, the court shall proceed with the direct trial.
3When the defendant has been arrested in flagrante delicto and the arrest is considered lawful, and also when the court imposed one of the precautionary measures provided for by articles 237, 238 or 239 of the Code, the prosecutor shall file a request with the court for a direct trial no later than 30 days from the date of arrest, unless further investigation must be carried out.
4When the criminal offence, for which the direct trial is requested, relates to other criminal offences for which the conditions for this type of trial are not met, the procedure is carried out separately for those other offences and other defendants, except when the separation prejudices the investigations. When the joining is indispensable, the rules of the default judgement shall apply.
EN