When a military judicial police officer detains a suspect, what must happen within the period the provision sets, or must the suspect be released?
General information · Not legal advice
Material to check
In a practice file of this kind we check the paper recording when the detention began, any record of the suspect's transfer to the military prosecutor with its date, and the release record if no transfer is made.
These are types of material to look for, not evidence already verified by PRO SE.
Where readings differ
One reading takes the sentence as a firm outer limit: once the officer has detained the suspect, the suspect must be transferred to the military prosecutor within the period the provision sets, and if that transfer has not been made by then, the officer must release the suspect.
Another reading notes that the provision states only what follows when transfer does not occur within the period; it does not say what happens to a step taken after the period has passed, leaving the effect of a late transfer for other rules or a court to decide.
Your judgment
If the suspect was transferred after the period had passed, what would the file need to show about what happened during that time?
PRO SE does not make this decision or keep a case record on this public site.When to reconsider
We look at this card again if the provision is amended to change the period or to add a rule on late transfer, or if a court decision explains what a transfer after the period means for the suspect's release.