ELIGIBILITY OF PRECAUTION MEASURES FROM THE INFLUENCE OF BASIC PRINCIPLES OF CRIMINAL PROCEDURE - ADVANTAGES AND DISADVANTAGES OF THE SECURITY MEASURES RELATED TO THE DETENTION -
Keywords:
principles of criminal procedure, precautionary measures, detentionAbstract
The need for a fair trial is the fundamental goal of every society. This is most evident in the preliminary procedure, when the suspect faces restrictions and suspension of his freedoms and rights, although his guilt has not yet been determined by a final court verdict. Therefore, the dilemma is posed - how to preserve his assumed innocence, while at the same time ensuring his presence in all stages of the criminal procedure. Instead of requesting the decision to determine the detention measure, the same goal can be achieved with greater use of precautionary measures, such as: 1. prohibition of leaving the dwelling, that is, the place of residence; 2. obligation of the defendant to appear occasionally to a certain official person or to a competent state body; 3. temporary seizure of a road or other document for crossing the state border, ie ban on its issuance and others. They can achieve the same effects, without the negative effects that detention has on human rights and freedoms.
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