Burundi's updated penal code stipulates that decisions on pre-trial detention are to be made by a panel of three judges from the competent jurisdiction. These decisions must occur within 48 hours of a chamber hearing, unless the accused requests an additional delay, which cannot exceed three days. The pre-trial detention is decided by this panel of three judges within the stipulated forty-eight hours. A reasoned order for pre-trial detention is issued in chambers following the Public Prosecutor's requisition, after the accused has been heard and, if applicable, assisted by their lawyer. The reasoned order deciding on pre-trial detention is rendered in chambers upon the requisition of the Public Prosecutor, ensuring due process. Magistrates who fail to present an accused before the pre-trial detention judge without a valid excuse face disciplinary and criminal sanctions under the new provisions, with a magistrate who omits this duty exposing themselves to such penalties.
Detention Decision Process
The detention judge is authorized to rule on documents if the accused declines to appear at the hearing, according to the revised code. This allows the judge to rule on documents even if the accused refuses to appear at the hearing. An order authorizing pre-trial detention remains valid for thirty days, with the day of issuance included in this period. The order authorizing pre-trial detention is valid for thirty days, including the day it is issued. Following the initial 30-day term, pre-trial detention may be extended month by month through a reasoned decision, provided that public interest necessitates such an extension. After this initial period, pre-trial detention can be extended by a reasoned decision for one month, and month by month thereafter, as long as public interest requires it.
However, pre-trial detention cannot exceed one year if the alleged offense carries a penalty not exceeding five years. Specifically, pre-trial detention cannot exceed one year if the offense appears to be punishable by a penalty not exceeding five years. For offenses punishable by more than five years of penal servitude, pre-trial detention is capped at three years. If the penalty for the offense is greater than five years of penal servitude, pre-trial detention cannot exceed three years. Upon reaching the maximum allowed detention period, the magistrate's hierarchical authority is mandated to order the immediate release of the accused. Upon expiration of this maximum detention period, the hierarchical authority of the magistrate orders the immediate release of the accused.
Provisional Release Conditions
A provisional release order cannot be issued without the judge first hearing the victim or their representative, unless specific circumstances prevent their appearance, according to Burundi's updated penal code. The judge has the authority to order provisional release if the accused requests it, provided a sum of money is deposited as bail with the clerk. The judge can order provisional release if the accused requests it, provided they deposit a sum of money as bail with the clerk. This bail serves as a guarantee for the accused's appearance at all procedural stages of the legal process.
Additionally, the deposited bail ensures the execution of any custodial sentences that may be imposed. It also covers compensation for damages that might be awarded to victims and facilitates the payment of fines and court costs associated with the case. The bail guarantees the accused's appearance at all procedural stages, the execution of custodial sentences, compensation for damages, and payment of fines and court costs. The requirement for bail is a key mechanism within the new provisions to balance the rights of the accused with the need for judicial accountability and victim redress.
Bail Exclusions and Forfeiture
The bail provisions within Burundi's updated penal code do not extend to individuals facing prosecution for a crime that carries a penalty exceeding twenty years of penal servitude. Specifically, the bail provisions do not apply to persons prosecuted for a crime punishable by more than twenty years of penal servitude. These provisions are not applicable to persons who have not yet restituted sums of money or other assets obtained through the alleged offense, nor their equivalent value. The bail provisions also do not apply to persons who have not yet restituted sums of money or other assets obtained through the offense, or their equivalent. Individuals prosecuted for sexual violence are also excluded from the bail provisions under the new regulations, meaning these provisions do not apply to persons prosecuted for sexual violence.
Regarding the disposition of bail, it is refunded in specific circumstances. These include the dismissal of a case, the lifting of detention, the withdrawal of the provisional release benefit, or an acquittal. Bail is refunded in case of case dismissal, lifting of detention, withdrawal of provisional release benefit, or acquittal. Conversely, if an accused person flees, the deposited bail is forfeited to the Public Treasury. This forfeiture occurs without prejudice to the civil party's rights and only after the deduction of costs incurred due to the failure to appear. In case of flight, the bail is forfeited to the Public Treasury, without prejudice to the civil party's rights and after deduction of costs incurred by the failure to appear.