LEGAL GROUNDS FOR DETERMINING DETENTION ACCORDING TO THE CPC, AND COURT PRACTICE IN THE REPUBLIC OF SERBIA
LEGAL GROUNDS FOR DETERMINING DETENTION ACCORDING TO THE CPC, AND COURT PRACTICE IN THE REPUBLIC OF SERBIA

Summary/Abstract: When the presence of the defendant is mandatory during the conduct of criminal proceedings and the defendant avoids doing so and facilitates the smooth conduct of the same, there are, the Law on Criminal Procedure provides for the conditions by which his presence is ensured. There are several foreseen measures by which the presence of the defendant can be ensured, starting from summons as the mildest measure to detention as the most severe measure provided for by the Code of Criminal Procedure of the Republic of Serbia, providing that detention can be applied as the last measure of procedural coercion.The reasons for ordering custody are determined by Article 211 of the Code of Criminal Procedure, with the basic prerequisite for ordering custody of the defendant being the existence of reasonable suspicion that the defendant has committed the criminal offense charged against him. In this paper, we will look individually at the grounds provided by law, which justify and mandate the determination of the measure of detention against the suspect.

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