However, the matter shall be referred to the Public Prosecutor if three months elapse following the detention of the accused in custody for taking the appropriate actions deemed necessary for finalizing the investigation. In all cases, the period of detention in custody shall not be more than six (6) months unless the accused is given notice of his reference to the competent court before the expiry of the above period. If the offence attributed to the accused is a felony, the period of detention in custody shall not be more than six (6) months except upon obtaining before its expiry an order from the competent court for extending the detention for a period of no more than thirty (30) days which may be renewed for similar terms, otherwise the accused shall be released from custody. Article (149): The Public Prosecution shall be empowered to order the temporary release of the accused who is remanded in custody at all times of its own initiative, provided that the accused shall undertake to ensure appearance whenever he is requested to do so and not to abscond from execution of a judgment handed down against him. The accused may request his release from the competent prosecution; if his appeal is refused, he may appeal to the Attorney General, then to the First Attorney General, and then to the Public Prosecutor, provided the decision on the appeal is made by each of them within three (3) days from the date of filing the appeal. In the case when the three-days have passed without making a decision on the appeal, the grievance shall be automatically referred to the superior body.” ‫اﻟﺘﻘﺮﻳﺮ اﻟﺴﻨﻮي اﻟﺜﺎﻟﺚ‬ ‫ﻟﻠﻤﺆﺳﺴﺔ اﻟﻮﻃﻨﻴﺔ ﻟﺤﻘﻮق اﻧﺴﻨﺎم‬ ‫ ـ ﻣﻤﻠﻜﺔ اﻟﺒﺤﺮﻳﻦ‬2015 ‫ﻟﻌﺎم‬ • The recommendation on the need for the Public Prosecution to activate the authority granted to it by the legislature to take alternative measures to pre-trial detention, and effectuate its discretion granted under Article No. (149) of the Code of Criminal Procedure for the provisional release of accused persons who are detained in its custody. The Public Prosecutor confirmed that remand is resorted to only in the narrowest extent and when there are justifications or reasons to do so. This is applicable where the incident constitutes a felony or a misdemeanor punishable by imprisonment for a period of more than three months, after the interrogation of the accused. An accused may always be remanded in custody if he has no established and known domicile in the Kingdom of Bahrain where the offence is a felony punishable by imprisonment. In addition, it is certainly applicable to the release of the accused with no guarantees for a misdemeanor offense punishable by confinement for three months. Noting that the purpose of remand is to ensure the integrity of the investigation conducted by the Public Prosecution, as well as to ensure the appearance of the accused before the investigator to facilitate the interrogation whenever requested by the investigation. Under certain circumstances, the accused is remanded in custody to be protected from possible acts of revenge and to alleviate public feelings because of the gravity of the crime. In the exercise of the powers of the Public Prosecution to adapt and adjust between the act committed by the accused and the penalty for such act, the Public Prosecution does not hesitate to release the accused when there are justifiable grounds requiring that. Moreover, the accused is released at any time if there are circumstances necessitating that. It also resorts to other alternatives to custody, which is the release of the accused in accordance with Article No. (151) of the Code of Criminal Procedure upon providing bail, or simply bar the accused from traveling abroad. The accused may contest such order according to Article No. (159) of the same law. 13

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