DURATION OF DETENTION IN THE LIGHT OF INTERNATIONAL STANDARDS, DOMESTIC LAW AND CASE LAW
DURATION OF DETENTION IN THE LIGHT OF INTERNATIONAL STANDARDS, DOMESTIC LAW AND CASE LAW

Summary/Abstract: The paper encompasses the detention as a measure that infringes upon the fundamental human right to personal freedom, from the aspect of international legal human rights instruments, the jurisprudence of the European Court of Human Rights, the legal acts of the Council of Europe and the EU, and the jurisprudence of the Constitutional Court and the Supreme Court of the Republic of Macedonia. The authors identify and elaborate the basic principles of, and the preconditions for, the determination and duration of detention in European Convention law, as well as in the domestic legal order with special focus on the conditions for prolonging detention. Besides the substantive legal conditions for terminating detention, such as the cessation of the grounds for detention and the principle of proportionality, the terms of duration of detention for each stage of the procedure and in total for the entire procedure play an important role in limiting the duration of the alienation of freedom by way of detention. Therefore, a signifi cant part of the paper is devoted to the resolution of contested issues concerning the calculation of the terms of detention in conformity with the provisions of the Criminal Procedure Act case of the Republic of Macedonia.

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