Хапшење при извршењу кривичног дела - тзв. грађанско хапшење - ризици, опасности и дилеме
Arrest in the Commission of a Criminal Offense - vv. Civil Arrest - Risks, Dangers and Dilemmas

Author(s): Marko Milović
Subject(s): Law, Constitution, Jurisprudence, Criminal Law
Published by: Правни факултет Универзитета у Источном Сарајеву
Keywords: Citizen;Arrest and risks (dangers) of arrest; Person caught commiting a criminal offence; Notifying the police or public prosecutor;
Summary/Abstract: Provisions on vv. Civil arrests are not crucial for criminal proceedings, moreover, these provisions are objectively marginal in relation to others. It can be said that there would be no harmful consequences for criminal proceedings, nor would someone's rights be endangered, and that this kind of arrest is not foreseen. This is supported by the fact that the Code of Criminal Procedure only addresses the so-called criminal procedure in one article-citizen's arrest. However, even in this one article, there are certain dilemmas and ambiguities about how to implement this in practice. Specifically, the mere act of arresting citizens entails numerous potential risks and grave repercussions, as they may suffer severe injuries in such circumstances. We bring this up because we cannot predict the reaction of a person caught in the commission of a criminal offense, nor what he might do at any given moment to evade arrest. This paper specifically highlights these risks, along with other significant dangers that could emerge in similar circumstances.

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