You can be imprisoned if you are charged with a criminal offence. However, this can only be done for certain reasons, for example if there is a fear that you will abscond or continue to commit crime. In total, you could end up in custody for up to four years. In this article, we’ll look at the reasons for and length of bail, but also how to defend against it, how to get out as soon as possible, and what it’s like in custody.
Detention is a measure which restricts the accused person’s liberty and which serves to ensure his or her presence at criminal proceedings and to prevent him or her from continuing criminal activity or influencing witnesses or otherwise obstructing the investigation.
Detention may be ordered only if a criminal prosecution has been initiated against the person. It may also be imposed only if the purpose of the detention cannot be achieved by other measures, in particular by imposing one of the interim measures.
Detention may be imposed only on the grounds laid down by law, and there are three basic types of detention, although in reality there are more:
This is ordered when there is a risk that the accused will abscond or go into hiding to avoid prosecution or punishment. In particular, in cases where he cannot be immediately identified, is not permanently resident, or faces a heavy sentence.
Example: Martina is accused of stealing and embezzling a large amount of money from the company where she works. During the investigation, the police discover that Martina has sold her house and all her possessions. She is therefore afraid that she might want to flee the country.
This is ordered when the accused threatens to influence witnesses or co-accused who have not yet been questioned or otherwise obstruct the discovery of facts relevant to the prosecution.
Example: Paul is accused of organised drug trafficking. The police suspect that Pavel might contact other members of the organised group to testify on his behalf.
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It shall be ordered if the accused is in danger of repeating the criminal activity for which he is being prosecuted, completing the criminal act he has attempted or committing the criminal act he has prepared or threatened to commit.
Example: Michael is accused of repeated violent attacks on his partner. Despite being warned several times and having a restraining order, he repeatedly violated the order and continued his violent behaviour. The court will remand Michal in custody to protect his partner and prevent further violence.
Tip: You can also read how the court proceedings work.
In some cases it is possible to substitute for detention. However, it always needs to be approved by the authority deciding on the detention. Specifically, this may include cases where :
Precautionary measures include, for example, bans on contact with certain persons, bans on visiting certain places and so on.
In the case of escape and pre-trial detention, there is another way to avoid being locked up in a detention centre – a money bond or bail. This works by the accused posting a money bond in lieu of custody to ensure that he or she will appear in court during the criminal proceedings and not repeat the offence, or lose the money bond.
Tip: You can read more about the use of bail in court in our next article.
Bail shall be set only at the request of the accused or, where appropriate, of another person offering to post bail. The court does not, therefore, take it of its own volition. The authority which decides on a money bond shall first determine whether or not it is admissible in the case in question and, if so, the amount of the bond.
The law sets only the lower limit of the financial guarantee, namely CZK 10 000. There is no upper limit and it is often in the order of hundreds of thousands or even millions of crowns. The amount should be determined taking into account the seriousness of theoffence, the circumstances of its commission and the financial circumstances of the accused.
You will be familiar with bail from many American films, where it is a frequently used device. The record for the highest bail is held by heir and convicted murderer Robert Dust. His bail totalled 3 billion dollars.
An accused who is prosecuted for a deliberate off ence with a maximum penalty of 2 years or an accused for a negligent off ence with a maximum penalty of 3 years cannot be remanded in custody. However, this does not apply in a situation where:
Detention shall not normally be imposed where an unconditional sentence of imprisonment is envisaged.
Tip: What is a crime and how do we divide crimes? Find out in our next article.
The court decides whether to remand the accused in custody. Detention is decided either in the main trial or separately in a detention session. The accused must be present, even remotely by videoconference. The defence counsel and the public prosecutor may or may not also attend. The session shall not be public.
The accused, his defence counsel and the public prosecutor shall make statements during the custody session. The accused shall then be questioned and may be asked questions by the public prosecutor and the defence counsel. Here the accused has the opportunity to comment on the reasons for his detention and on the offence with which he is charged. At the end of the custody session, the President of the Chamber and the judge in the preparatory proceedings shall give the floor to the prosecutor, the defence counsel and the accused for closing submissions. The custody decision is then announced.
Detention may last only as long as strictly necessary. The total duration of detention in criminal proceedings may not exceed:
One third of that time shall be spent in the preparatory proceedings and two thirds in the proceedings before the court. Therefore, if the preparatory proceedings or the court proceedings are not concluded before the expiry of that period, the accused must be released from custody on the last day of that period at the latest.
These time limits do not apply to remand in custody, which may be imposed for a maximum of three months. An exception shall be made where it has been established that the accused has already influenced witnesses or co-accused or otherwise obstructed the discovery of facts relevant to the prosecution.
The period of detention shall be calculated from the date on which the accused’s personal liberty was restricted. This means that if the accused was arrested by the police on 10.7.2024 and the custody session took place on 11.7.2024, the start of custody is already the day of arrest by the police, i.e. 10.7.2024.
There are very short time limits for custody decisions. Once arrested, a remand application must be sent to the court within 48 hours and the judge must then rule within 24 hours. Otherwise, you must be released.
It also applies that the time spent in custody counts towards the total length of the unconditional prison sentence. So if you get 2 years hard time but have been in custody for 3 months, you will only serve 1 year and 9 months.
It is possible to lodge a complaint against a detention decision. This can be filed either by the accused himself or by his defence lawyer. It is a good idea to state the reason for the complaint. The reason may be, for example, the lack of a reason for detention or the possibility of an alternative measure (e.g. supervision by a probation officer).
If you are filing a complaint, it is worthwhile to get help from an experienced lawyer. He or she will help you choose the best grounds for your complaint and represent you in court to argue your case.
Tip: Learn when to defend yourself with a criminal complaint.
In detention, you are seen as innocent, as there is a presumption of innocence. This brings with it a more lenient regime than in conventional prisons. However, prisoners tend to be more separated to avoid contacting accomplices and to separate women from men. This therefore means more private cells, but also less opportunity to go out (usually small separate pens).
Detention is not intended to re-socialise prisoners, so you are unlikely to find therapy etc. here compared to a conventional prison. At the same time, due to the need to separate prisoners, leisure activities such as ball games, board games or film screenings are also limited.
Unlike in a regular prison, you can wear your own clothes in a detention centre. However, you must change these clothes at least once a week, as you do not have the possibility to have them washed in prison. You can arrange for your relatives to send them to you by post or give them to you during personal visits.
However, if you do not want to wear your own clothes, you can also use the prison uniform, which is laundered. You do not have to worry about having to appear in court in uniform. They will give you your own clothes for such cases.
You should also take with you the things you would take to a regular prison:
Tip: How does imprisonment work? Find out in the next article.
As a defendant, you have the right to a 90-minute visit once every 14 days. The number of visitors is limited to 4 people. However, in some cases the prison governor may authorise you to visit earlier than 14 days and more people may visit. In the case of a visitor under the age of 18, they must be accompanied by an adult. Visits take place in pre-designated areas with prison staff present.
If you are on remand, the nature of the visits is decided in advance by the court so that you do not have the opportunity to interfere with the investigation.
All these rules do not apply to your lawyer. He can visit you without restriction. Meetings are held without the presence of prison staff. It is often possible to connect remotely via Skype.
Were you charged and prosecuted? The stakes are really high and it doesn’t pay to go through the criminal process without consulting an attorney.
During the pre-trial phase, the court decides on your detention, but this responsibility then shifts to the prosecutor. This means more room for negotiation for you. An experienced defence lawyer can therefore ensure that your detention is shortened, for example by negotiating an alternative to detention (e.g. supervision by a probation officer or a written promise).
The prosecutor then decides whether to release you. However, if he does not grant your request for release, he must submit it to a judge for a decision within five working days of receipt. In this case, the judge decides on the continuation of detention.
Detention restricts the accused’s liberty to ensure his presence during the prosecution and to prevent him from committing further crimes or influencing witnesses. There are three types of detention: escape (risk of escape), collusion (risk of influencing witnesses) and pre-trial (risk of continuing criminal activity). Detention can be replaced by a guarantee from a trusted person, a written promise by the accused, supervision by a probation officer or a cash guarantee (bail).
The court decides on the detention on the basis of a detention session. The length of detention depends on the seriousness of the offence, but not more than four years. Detention is more lenient than prison, with the possibility of wearing one’s own clothes and limited leisure activities. Defendants have the right to visits once every 14 days for 90 minutes, and visits by a lawyer are unlimited. The prosecutor or the court decides on release from custody.
Were you charged and prosecuted? The stakes are really high and it doesn’t pay to go through the criminal process without consulting an attorney.
Ondřej is the attorney who came up with the idea of providing legal services online. He's been earning his living through legal services for more than 10 years. He especially likes to help clients who may have given up hope in solving their legal issues at work, for example with real estate transfers or copyright licenses.
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