y judicial decisions taken by courts of ascending levels (under the new CCrP). No extension of detention "pending the investigation" beyond eighteen months is possible (Article 97 of the old CCrP, Article 109 § 4 of the new CCrP).
63. The period of detention "pending the investigation" is calculated to the day when the prosecutor sent the case to the trial court (Article 97 of the old CCrP, Article 109 § 9 of the new CCrP).
64. Access to the case file materials is to be granted no later than one month before the expiry of the authorised detention period (Article 97 of the old CCrP, Article 109 § 5 of the new CCrP). If the defendant needs more time to study the case file, a judge, on a request by a prosecutor, may grant an extension of detention until such time as the file has been read in full and the case sent for trial (Article 97 of the old CCrP, Article 109 § 8 (1) of the new CCrP). Under the old CCrP, such an extension could not be granted for longer than six months.
65. Under the old CCrP, the trial court had the right to remit the case for an "additional investigation" if it established that procedural defects existed that could not be remedied at the trial. In such cases the defendant's detention was again classified as "pending the investigation" and the relevant time-limit continued to apply. If, however, the case was remitted for an additional investigation, but the investigators had already used up all the time authorised for detention "pending the investigation", a supervising prosecutor could nevertheless extend the detention period for one additional month starting from the date he received the case. Subsequent extensions could only be granted if the detention "pending the investigation" had not exceeded eighteen months (Article 97).
3. Time-limits for detention
"before the court"/"during the trial"
66. From the date the prosecutor forwards the case to the trial court, the defendant's detention is "before the court" (or "during the trial").
67. Before 14 March 2001 the old CCrP set no time-limit for detention "during the trial". On 14 March 2001 a new Article 239-1 was inserted which established that the period of detention "during the trial" could not generally exceed six months from the date the court received the file. However, if there was evidence to show that the defendant's release might impede a thorough, complete and objective examination of the case, a court could - of its own motion or on a request by a prosecutor - extend the detention by no longer than three months. These provisions did not apply to defendants charged with a particularly serious criminal offence.
68. The new CCrP establishes that the term of detention "during the trial" is calculated from the date the court received the file and to the date the judgment is given. The period of detention "during the trial" may not normally exceed six months, but if the case concerns serious or particularly serious criminal offences, the trial court may approve one or more extensions of no longer than three months each (Article 255 §§ 2 and 3).
E. Proceedings to examine the lawfulness of detention
1. During detention "pending the investigation"
69. Under the old CCrP, the detainee or his or her counsel or representative could challenge a detention order issued by a prosecutor, and any subsequent extension order, before a court. The judge was required to review the lawfulness of and justification for a detention or extension order no later than three days after receipt of the relevant papers. The review was to be conducted in camera in the presence of a prosecutor and the detainee's counsel or representative. The detainee was to be summoned and a review in his absence was only permissible in exceptional circumstances if the detainee waived his right to be present of his
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