THE THREAT OF ESCAPE AS A REASON FOR THE DETERMINATION OF DETENTION – A LEGISLATIVE TREATMENT AND THE EXAMPLES FROM JUDICIAL PRACTICE

Abstract

Detention is the strictest of all foreseen measures to ensure the presence of the defendant and the undisturbed conduct of a criminal proceedings. The essence of this measure is to deprive the freedom of movement based on a court decision, when the conditions prescribed by the Code of Criminal Procedure are fulfilled, and, when the same purpose cannot be achieved by an another measure. In addition to general remarks on detention, in the paper we primarily paid attention to the first optional reason for the determination of detention - the threat of escape of the defendant. Besides the analysis of the provisions of Article 211, paragraph 2 of the Code of Criminal Procedure, which, under particular circumstances, include the situations being considered as the threat of escape of the defendant, together with the analysis of the current provisions of the Code of Criminal Procedure and some cases from case-law in Serbia, there have been presented some cases referring to the work of the European Court of Human Rights. These cases concern the situations in which the detention was determined due to the existence of specific circumstances that indicated the danger of escape.