After a suspect is released following an emergency arrest without a detention warrant being applied for, what must the prosecutor report to the military court, and from what day does the period run?
General information · Not legal advice
Material to check
In the practice material for this exercise, we read the emergency arrest report, the record showing the time, place and reason of the arrest and of the release, the prosecutor's written notification to the military court with the copy of the report attached, and any paper fixing the date of release.
These are types of material to look for, not evidence already verified by PRO SE.
Where readings differ
One reading takes the period as written: where the military prosecutor released the suspect without applying for a detention warrant under the earlier part of this provision, the prosecutor must notify the military court in writing within the period the provision sets, counted from the day of release, and must attach a copy of the emergency arrest report together with the suspect's particulars, the time, place and concrete reason of the arrest, the time, place and reason of the release, and the names of the prosecutor or military police officer involved.
Another reading notes the condition that triggers this duty: the notice is owed by the military prosecutor who released the suspect without applying for the warrant, while a military police officer who releases a suspect without applying must only report to the military prosecutor immediately, so the provision leaves open how those two duties connect and whether the military court is notified in that case at all.
Your judgment
When the file does not record the release by the prosecutor, how could a reader show who released the suspect and from which day the notice period ran?
PRO SE does not make this decision or keep a case record on this public site.When to reconsider
We look at this again if the provision is amended to change the period or the trigger for the written notice, or if a court decision clarifies how the military police officer's report relates to the notification to the military court.