Същност и особености на мярката за неотклонение задържане под стража
Pre-Trial Detention - Legal Nature and Characteristics

Summary/Abstract: First, the article analyses the right to personal liberty and the possibility of its limitation in criminal proceedings. Next, it proposes a definition of the term "pre-trial detention", based on the relevant provisions of the Code of Criminal Procedure and the Execution of Penalties Law. Last, the article outlines pre-trial detention main characteristics: it is not a penalty; it has preventive functions, both in criminal proceedings and society; it can be imposed only by a judge; it shall be provided for by law; it is extrema ratio; the judge's decision to impose pre-trial detention is to be motivated; any case of unlawful pre-trial detention is to be immediately terminated; no mandatory cases of detention can be provided for; in cases of unlawful detention damages can be claimed from the State.

• Details
• Contents