LIMITATION OF THE DEFENDANT’S RIGHT TO FREEDOM DURING CRIMINAL PROCEEDINGS. APPLICATION OF THE MEASURE OF JUDICIAL REVIEW
LIMITATION OF THE DEFENDANT’S RIGHT TO FREEDOM DURING CRIMINAL PROCEEDINGS. APPLICATION OF THE MEASURE OF JUDICIAL REVIEW

Summary/Abstract: The defendant’s right to freedom may be limited during criminal proceedings, in preliminary chamber procedure and during the trial by the judicial bodies who may order judicial review for the defendant. Judicial review may be ordered if there is evidence or probable cause leading to a reasonable suspicion that a person committed an offence, if the measure is necessary in order to ensure a proper conducting of criminal proceedings, to prevent the defendant from avoiding the criminal investigation or trial or to prevent the commission of another offence and if it is proportional to the seriousness of the charges brought against the person such measure is taken for. The aim of this paper is to analyse the proceedings of ordering the judicial review and the guarantees issued for assuring the defendant’s right to freedom and to show the way this measure is ordered by the judicial bodies in specific cases. The paper will also highlight the new rules set by the Constitutional Court and the Supreme Court of Justice on judicial review.

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