What are the time limits of your arrest?
Your arrest must be time limited as the arrest is not a permanent solution but rather a time limited measure to ensure or protect some public interest.
Time limits requirement in situation of restriction of personal liberty under the Act on Police Force are different in comparison to those under the Code of Criminal Procedure.
Time limits for arrest on grounds of criminal offence
The arrest must be carried out according to the procedure and time limits prescribed in the Code of Criminal Procedure.
An arrest of a suspect requires the prior consent of the prosecutor. Without such consent, person can be arrested only if the case cannot be postponed and prior consent cannot be obtained, in particular if such a person has been caught in the offense or found on the run. After the time limit of the police runs out (48 hours or 96 hours in case of terrorism), a judge has other time limits (48 hours or 72 hours in case of serious crimes) to decide on detention on remand.
An arrest of a formally accused requires the prior consent of the judge (pre-trial judge or the president of court`s senate deciding your case) and the written confinement order. Without such order, person can be arrested only if the case cannot be postponed and prior order cannot be obtained. After the time limit of the police runs out (24 hours), a judge has other time limits (48 hours or 72 hours in case of serious crimes) to decide on detention on remand.
Time limits for arrest on other grounds
The arrest must be carried out according to the procedure and time limits prescribed in the Act on Police Force.
When caught by a police officer not in relation to criminal investigation, police officer must release you after 24 hours or hand your case over to the police officers in charge of crime investigation. In some exceptional cases prescribed by the Act on Police Force it may last for a maximum of 48 hours until hand over to the crime investigation team or released.