Crimen (Beograd) (Jan 2018)
The concept of detention in practice of courts
Abstract
The detention is very important measure to secure the presence of the defendant and for untroubled 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 referring 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 committing or the seriousness of consequences 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. Regarding to the emforcement of the detention in practice of courts in the Republic of Serbia, there are a lot of different cases and in every particular case the reasons for ordering or extending the detention have to be the object of examination of competent courts. They have to give relevant arguments for not revoking the detention. This arguments will not be sufficient if they are the same and stereotyped as in the previous rulings, and that includes the arbitrary deprivation of liberty and the violation of right to freedom and security. Bearing that in mind, it is the duty of all authorities which are participating in criminal proceedings, especially the Courts and the Public Prosecutor's Officies, to take care of the duration of detention as short as possible and to suggest the alternative measures that can substitute the detention.
