EXECUTION OF DETENTION

Abstract

Detention, by legal theorists, is defined as preventive deprivation of liberty in order to ensure the presence of a suspect or accused for the successful conduct of criminal proceedings. The development of criminal procedure throughout history has brought great changes in the issue of regulating the aforementioned criminal procedure measure. Unlike the former inquisitorial type of criminal procedure, the basic characteristic of which was the extortion of confessions, in the current legal regulations there is a modern mixed type of criminal procedure. As such, it provides two essential elements: the protection of human rights and the right of the state to punish perpetrators of crimes. In the domestic legislative framework, the protection of human rights means that no innocent person is convicted. This was achieved through the abolition of mandatory detention and modification of the conditions for determining the measure of detention, taking into account the individual characteristics of the perpetrator and the elements of the nature of the crime. The legislator leaves it to the court to assess the existence of conditions for ordering detention in each individual case. This paper will include normative elements and the system of execution of detention measures, with an emphasis on the rights and position of detainees.