1. Any person detained as an alleged participant in any of the crimes referred to in article 384 bis will be placed at the disposal of the competent Judge within seventy-two hours following the arrest. However, the detention may be extended for the time necessary for investigative purposes, up to a maximum limit of another forty-eight hours, provided that, such extension being requested by reasoned communication within the first forty-eight hours from the detention, it is authorized by the Judge in the following twenty-four hours. Both the authorization and the denial of the extension will be adopted in a reasoned resolution.
2. If a person is detained for the reasons expressed in the previous number, the Judge may be requested to order his or her incommunicado detention, who must rule on it, in a reasoned resolution, within a period of twenty-four hours. Once incommunicado detention is requested, the detainee will remain incommunicado in any case without damage of the right of defense that assists him and the provisions of articles 520 and 527, until the Judge has issued the pertinent resolution.
3. During the arrest, the Judge may at any time request information and know, personally or by delegation to the Investigating Judge of the district or district where the detainee is located, the situation of the detainee.
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art 520 bis lecrim
Article 520 bis of the Criminal Procedure Law refers to the fact that any person detained as a participant in the crimes explained in 384 bis must be made available to the competent judge within the next 72 hours, with a limit of another 48 hours. In the second point it is explained that the Judge may order the prisoner to be held incommunicado, while in the third it is clarified that the Judge may at any time request information from the detainee.
Article 520 bis of the Criminal Procedure Law is found within Title VI, dedicated to summons, detention and provisional prison. More specifically in Chapter IV on the exercise of the right to defense, the assistance of a lawyer and the treatment of detainees and prisoners.
- Criminal Procedure Law
- Title VI. Of the summons, the arrest and the provisional prison