Article 747 — Arrest.

(1) Arrest is the only penalty involving deprivation of liberty which may be imposed in the case of petty offences. The duration of such arrest shall be of one day at least and of three months at most, subject to cases of recidivism (Art. 769) and cases where special provisions of the law provide a higher maximum. The Court shall determine the penalty taking into account the degree of guilt of the petty offender (Art. 88) without going below the special minimum or beyond the special maximum where such periods are fixed by law. (2) The provisions on conditional release (Arts. 201-207) shall not apply to arrest.