When a military prosecutor holds a suspect, from which event does the period before indictment run, and what must happen if no indictment follows?
General information · Not legal advice
Material to check
In a practice file, the papers to read are the record of the military prosecutor's detention of the suspect, or the record showing that a military judicial police officer handed the suspect over in custody to the prosecutor, since the period runs from either of those events, and any indictment filed within the period.
These are types of material to look for, not evidence already verified by PRO SE.
Where readings differ
One reading traces the period to its starting point: the period runs from the day the military prosecutor detains the suspect, or the day the suspect is received in custody from a military judicial police officer, and if the military prosecutor does not indict within that period the provision makes release mandatory, not discretionary.
Another reading stresses that the provision speaks only to the suspect's position while held without an indictment, so it says nothing about what follows once an indictment has been filed, nor about a suspect released after the period who is later brought back.
Your judgment
If the suspect is released because the period ran out and the military prosecutor indicts afterwards, what in the file shows whether the suspect may lawfully be held again?
PRO SE does not make this decision or keep a case record on this public site.When to reconsider
We revisit this card if the period or its starting events are amended, or if a court decision sets what effect a release under this provision has on a later indictment or a renewed detention.