Open AccessPretrial detention and alternate methods of securing the presence of the accused during the criminal procedure
Author(s) -
Jelena Perišić
Publication year - 2009
Publication title -
temida
Language(s) - English
Resource type - Journals
eISSN - 2406-0941
pISSN - 1450-6637
DOI - 10.2298/tem0902049p
Subject(s) - law , constitution , criminal procedure , criminal justice , terminology , political science , criminology , immigration detention , economic justice , psychology , human rights , philosophy , linguistics
In this paper, the author discusses pretrial detention and alternate methods of securing the presence of the accused during the criminal procedure. Except issues of terminology, in the introduction to this paper, the author deals with the current status of our criminal justice system, the readiness of both the state and the criminal justice system to accept innovations. Further, the author examines the accordance of pretrial detention with international sources, then its correlations with the Constitution, Criminal Procedure Codes from 2001 and 2006, and types of pretrial detention. As the paper continues, it describes institutes that are alternatives of pretrial detention: home detention and other restriction orders, and bail. The paper follows with the definition and content of the reasonable doubt concept as a mandatory condition for pronouncing pretrial detention. The major part of the paper deals is dedicated to the discussion of legal regulations of pretrial detention and its misinterpretation by judicial apparatus, and the effort to explain some undefined parts of those regulations