The Concept of Detention in Practice of Courts Cover Image

Koncept pritvora u sudskoj praksi
The Concept of Detention in Practice of Courts

Author(s): Gordana Krstić
Subject(s): Criminal Law, Penology
Published by: Правни факултет Универзитета у Београду
Keywords: detention; deprivation of liberty; detainee; alternative measures; immunity

Summary/Abstract: The detention is very important measure to secure the presence of the defendant and for untroubledly conduct of criminal proseedings. It is also the most difficult mechanism which can be undertaken against a defendant for whom there exists grounded suspicion that has committed a criminal offence and also special reasons for ordering detention, which are proscribed by Criminal Procedure Code. They are refering to risk of escaping, circumstances indicating that he will destroy or conceal the evidences or obstruct the trial by exerting influence on witnesses and other suspects, risk of repeating the criminal offence and finally when the criminal offence with which he is charged is punishable by a term of imprisonment of more than ten years or more than five years for a criminal offence with elements of violence, or he has been sentenced by a court of first instance to a term of imprisonment of five years or more, and the way of commiting or the seriousness of consequenses of the criminal offence have disturbed the public to such an extent that this may threaten the fair conduct of criminal proceedings. While ordering the detention is the way of deprivation of liberty, this mattery is also regulated by Constitutional Act.

  • Issue Year: 2018
  • Issue No: 1
  • Page Range: 71-102
  • Page Count: 32
  • Language: Serbian