УЗНЕМИРЕНА ЈАВНОСТ КАО ОСНОВ ЗА ОДРЕЂИВАЊЕ ПРИТВОРА -НОРМА И ПРАКСА У СРБИЈИ
DISTURBED PUBLIC AS A BASIS FOR DETERMINING DETENTION - NORMS AND PRACTICES IN SERBIA

Summary/Abstract: This paper illustrates the basic rule on detention as an ultima ratio measure to ensure the presence of the accused and the smooth conduct of criminal proceedings in the context of the grounds for detention from Art. 211 st. 1. t. 4 of the Criminal Procedure Code of the Republic of Serbia. According to the practice of the European Court of Human Rights, detention must be a proportionate measure to achieve a certain goal, and it is up to the domestic authorities to convincingly demonstrate that detention is necessary. Although the same standards are proclaimed by the Code of Criminal Procedure of the Republic of Serbia, this paper analyzes whether the aforementioned reason for detention and the legal standard “public disturbance” left too much room for discretionary decision-making by domestic courts on this measure, which leads to the consequence that detention determines more broadly than the intention of the legislator. In regard to this issue, the authors analyze in detail the European Convention for the Protection of Human Rights and Fundamental Freedoms, standards set through the jurisprudence of the European Court of Human Rights, legislative solutions of the Republic of Serbia, and also provide several illustrative examples from domestic jurisprudence.

• Details
• Contents