ANALYSIS OF THE PRISON MEASURE THROUGH THE PRISM OF HUMAN RIGHTS AND FREEDOMS IN OUR LEGISLATION

Abstract

Detention is the most severe measure provided for in the Law on Criminal Procedure (LCP) which is imposed in order to ensure the smooth flow of criminal proceedings, as well as to eliminate the dangers of escape of suspects or accused persons, and as such a measure should be pronounced only as a last resort, when all other measures provided for the same purpose could not give the desired effect. Therefore, the requests and decisions for detention must be properly reasoned and substantiated by evidence that indicates a reasonable suspicion of the danger of absconding, obstruction of the criminal investigation or repetition of the offense, as well as be consistent with the procedural and substantive law.