provisional release
One of the first questions that comes to the mind of anyone arrested in any case is the following question “Is it possible for me to be released by the Public Prosecution before the case is referred to court, even on bail?”
Article 120 of the Code of Criminal Procedure clearly answered this question, and it is the focus of our current article, in which we explained the conditions and controls included in this article.
provisional release
The legal text of Article 120 of the Code of Criminal Procedure
Article (120) of the Code of Criminal Procedure stipulates that: “The investigator handling the case may, at any time – whether on his own initiative or at the request of the accused – order the release of the accused, if he finds that his arrest is unjustified, and that there is no harm to the investigation from his release, and there is no fear of his escape or disappearance, provided that the accused undertakes to appear if requested to do so“.
Explanation of Article 120 of the Code of Criminal Procedure
This article regulates the issue of “temporary release” of defendants by the Public Prosecution, granting the investigator the authority to release the defendant if there is no legal justification for his continued detention, provided that certain conditions are met to ensure that the release does not affect the course of the investigation or the defendant’s escape.
Below is a detailed explanation of each condition and provision contained in this article:
The order was issued by the investigator, not the court:
The article places the authority to temporarily release the accused in the hands of the investigator responsible for the investigation and not in the hands of the court. The investigator is the one who has the regular authority to make this decision during the investigation stages, and the investigator does not issue this order except when he is reassured that the accused is not afraid of his escape or disappearance.
No specific time is required for it:
The article allows the investigator to issue a temporary release order at any time, either during or after the investigation phase, giving flexibility to act based on the circumstances surrounding each case, without being restricted to a specific release time.
On the initiative of the same investigator or at the request of the accused or his lawyer:
The investigator may decide to release the accused independently, or upon a request submitted by the accused or his lawyer. This article gives the accused the right to request temporary release if the necessary conditions are met, and the request is submitted to the investigator.
Condition that there is no harm to the investigation from the release of the accused:
The release of the accused must not affect the course of the investigation. If the release could obstruct the investigation or affect evidence and witnesses, the release will not take place. The investigator has the right to reject the release request if he senses that it has a detrimental effect on the investigations.
Condition for undertaking to attend:
The accused must make a formal undertaking to appear if requested to do so after provisional release. This pledge is a legal guarantee that guarantees the accused’s return to sessions or investigations whenever he is asked to do so. This condition has been stipulated in Article (84) of the Executive Regulations of the Criminal Procedure Code, which states: If an order is issued by the investigator to temporarily release the accused, he must pledge to attend if he is asked to do so.
The case must not have been referred to court:
If the case is referred to court, the authority to release it is transferred from the investigator to the court itself, in accordance with what was decided by Article (123) of the Code of Criminal Procedure, which states: “If the accused is referred to court, he will be released if he is detained. Within the jurisdiction of the court to which it is referred“.
Condition for assigning a place to the accused:
After temporary release, the accused must have a specific place of residence within the country of the court conducting the investigation, in order to ensure easy access to him. This is what is stipulated in Article (84) of the Executive Regulations of the Criminal Procedure System, which states: “If an order is issued by the investigator to temporarily release the accused, he must… designate a place in the country of the court conducting the investigation within its territorial jurisdiction..“.
The case must not be a major crime:
If the case relates to major crimes, Article (120) does not allow for temporary release, unless the evidence is insufficient against the accused. This restriction is clarified by Article (83) of the Executive Regulations of the Criminal Procedure Code, which states: “To issue an order for the temporary release of the accused – stipulated in Article (one hundred and twenty) of the Code – it is required that the evidence against him in a major crime be insufficient“.
provisional release
Conclusion
Temporary release is a legitimate right granted by the Criminal Procedure Code to defendants, allowing the investigator to assess the possibility of release without compromising the progress of the investigation or affecting the collection of evidence. Understanding the conditions and controls stipulated in Article 120 helps defendants and their lawyers protect their rights and ensure compliance with proper legal procedures.
To obtain accurate legal advice and full support in temporary release and other criminal cases, the office of Attorney Abdul Majeed Al Rashid provides the optimal legal expertise to protect your rights and interests.
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