НАЧЕЛО ЗАШТИТЕ ЛИЧНЕ СЛОБОДЕ У КРИВИЧНОМ ПОСТУПКУ
THE PRINCIPLE OF PROTECTING INDIVIDUAL FREEDOM IN CRIMINAL PROCEEDINGS

Summary/Abstract: On the grounds of individual freedom guarantees rendered in international documents and constitutional declarations, introducing the principle of protection of individual freedom represents the legislator's first and a very significant undertaking in updating the basic principles of criminal proceedings, which have not been altered for decades. In legal terms this principle accounts for the obligation of state authorities to inform the arrested person about the rights which he is entitled to at the time of arrest, as well as the obligation of state authorities to immediately take the arrested person to the examining justice. Being a novelty, the principle has to be theoretically configured and. defined, bearing in mind all the risks underlying the generation of the first or initial definition. The definition is based on the conception that the essence of the principle is the right of the arrested person to be informed on the rights he is legally entitled to at the time of arrest in order to provide for the timely individual legal defence, as well as the right to habeas corpus. The principle of protection of individual freedom is expanded to the preliminary (administrative) criminal proceedings and applies in all case of arrest without a judicial decision, and particularly in cases of arrest where the actual action is undertaken by the police authorities. The right to habeas corpus, specified in the provisions which set the terms and define duties of the police and the examining justice in the arrest procedure, is to provide the judicial control over the legitimacy of arrest in the shortest possible period of time, and thus ensure a reasonable duration of police detention until the judicial decision has been reached.

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