Question juridique clé
Whether preventive detention already served can be ordered as security detention without a maximum duration when the CPP refers to Art. 227 CPP.
Solution extraite
Security detention after an indictment must also be fixed for a maximum period, generally up to three months and exceptionally six months, even if the accused was previously in pre-trial detention.
Motifs extraits
A literal, systematic and teleological reading of Art. 229 para. 3 let. b CPP, read with Art. 227 para. 7 CPP, leads to the same periodic control as for pre-trial detention. The contrary view would wrongly create unequal treatment and would not follow from the statute or legislative materials.