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Article 358(1) Where it pronounces a term of imprisonment of less than five years, the chambershall order defendants released on their own recognizance during the trial to be placedin detention if the reasons referred to in Article 142 paragraph 1 items 1) and 3) of thisCode exist, and shall order the release from detention of defendants if the grounds onwhich detention had been ordered no longer exist.(2) The chamber shall always order defendants to be released from detention if they areacquitted, or the charges are denied, or if they are convicted but relieved of the penalty,or have only been convicted to pay a fine, perform public service work or hand over theirdriver’s licences, or have been pronounced a judicial admonition or a conditionalsentence, or have due to time served already served out their entire sentences, or wherethe charges were dismissed (Article 394), except due to a lack of material jurisdiction.(3) The provision of paragraph 1 of this Article shall always be applied to orderingdetention of ordering release from detention after the pronouncement of the judgement,until it becomes final. The decision shall be rendered by the chamber of the court of firstinstance (Article 24 paragraph 6).(4) Before rendering the ruling ordering detention or ordering release from detention inthe cases referred to in paragraph 1 and 3 of this Article, the opinion shall be sought ofthe public prosecutor, where the proceedings are being conducted at his request.(5) If the defendant is already in detention and the chamber finds that the reasons forwhich detention had been ordered, or the reasons referred to in Article 142 paragraph 1item 6) and of paragraph 1 of this Article, still exist, it shall issue a special rulingextending detention. The chamber shall also issue a special ruling where detention, orrelease from detention, needs to be ordered. Appeals against the ruling do not stayexecution of the ruling.(6) Detention ordered or extended pursuant to the provisions of the precedingparagraphs may last until the defendant, or convicted person, is transferred to apenitentiary institution to serve his penalty, but no longer than the duration of the penaltypronounced in the judgement rendered in the first instance.(7) At the request of a defendant who is in detention in the period followingpronouncement of the judgement, the president of the chamber may issue a rulingtransferring the defendant to a penitentiary institution even before the judgementbecomes final.Article 359(1) Upon pronouncement of the judgement, the president of the chamber shall instructthe parties on their right to file appeals, as well as of the right to respond to an appeal.(2) If the enforcement of a penalty imposed on a defendant has been deferred, he shallbe cautioned by the president of the chamber about the significance of a conditionalsentence and the requirements by which he must abide.

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