Page:กม ร ๘ - ๒๔๗๘ fixed.pdf/1164

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1064

During an inquiry, a public prosecutor or inquiry official has the power to move to the court for issuing a warrant of detention according to the stipulations of section 87.

During a preliminary examination or trial, the court may issue a warrant of detention proprio motu or upon a motion of the prosecutor.

A warrant of detention shall remain operative until revoked by the court by replacing it with a warrant of release or warrant of imprisonment.

Section72.A warrant of release of an alleged offender or accused detained by virtue of a court warrant shall be issued in the following events:

(1)when the court orders his provisional release;

(2)when a public prosecutor or inquiry official applies to the court for his release because his detention during the inquiry is found to be unnecessary;

(3)when a public prosecutor submits a motion to the court, stating that the inquiry has ended with an order of non-prosecution of the alleged offender;

(4)when a public prosecutor fails to charge the alleged offender within the time designated by the court;

(5)when the court, having conducted a preliminary examination, finds that the case is ill-grounded and orders dismissal of the charge, save where the prosecutor submits a request and the court finds it appropriate to detain the accused in the course of an appeal or final appeal;

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