Rights Campaign Entitled: “Pretrial Detention… an Exception, Not a Punishment”

Justifications for pretrial detention in the new law

Under Article 113 of the Criminal Procedures Law No. 174 of 2025, a reasoned order for pretrial detention may be issued when one of the following cases exists:

1- In flagrante delicto

If the crime is committed in flagrante delicto and its judgment must be executed immediately upon issuance.

2- Fear of flight

If there is a fear that the accused may flee.

3- Protecting the investigation

If there is a fear of harming the interests of the investigation, such as:

Influencing the victim or witnesses.

4- Tampering with evidence or physical indications.

Collusion with the other accused to change the truth.

5- Obscuring the features of the crime.

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