Pre-Trial Detention - Legal Nature and Characteristics  Cover Image
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Същност и особености на мярката за неотклонение задържане под стража
Pre-Trial Detention - Legal Nature and Characteristics

Author(s): Gergana Marinova
Subject(s): Law, Constitution, Jurisprudence
Published by: Институт за държавата и правото - Българска академия на науките

Summary/Abstract: First, the article analyses the right to personal liberty and the possibility of its limitation in criminal proceedings. Next, it proposes a definition of the term "pre-trial detention", based on the relevant provisions of the Code of Criminal Procedure and the Execution of Penalties Law. Last, the article outlines pre-trial detention main characteristics: it is not a penalty; it has preventive functions, both in criminal proceedings and society; it can be imposed only by a judge; it shall be provided for by law; it is extrema ratio; the judge's decision to impose pre-trial detention is to be motivated; any case of unlawful pre-trial detention is to be immediately terminated; no mandatory cases of detention can be provided for; in cases of unlawful detention damages can be claimed from the State.

  • Issue Year: XLVI/2005
  • Issue No: 1
  • Page Range: 66-80
  • Page Count: 15
  • Language: Bulgarian