Pritvor u svjetlu Ustava i Zakonika o krivičnom postupku Crne Gore
Detention in the Light of the Constitution of Montenegro and the Law on Criminal Procedure

Author(s): Branko Vučković, Vesna Vučković
Subject(s): Constitutional Law, Criminal Law, Penal Policy
Published by: Правни факултет Универзитета у Источном Сарајеву
Keywords: Detention;Base for fixing detention;Duration of detention;Convention law;
Summary/Abstract: Detention is a measure of depriving an individual of fundamental human right – right to freedom. It is protected by instruments for protection of human rights, primarily by Constitution and by courts, and its protection is particularly important in the case law of European Court of Human Rights. Except for material and procedural conditions related to placement in detention, its duration and release from it, case law has important role in application of some clauses. Procedural presumptions related to adjective law, reasoning of decisions for detention and duration of detention are of particular importance.This work will point out to contentious issues that are present in case law concerning substantive regulations and their interpretation with regard to Montenegrin Constitution, Code of Criminal Procedure of Montenegro and European Convention on Fundamental Rights and Human Freedom, conditions under which detention can be determined, the purpose of its fixing and duration. In any case, regardless of some solutions in the Code of Criminal Procedure of Montenegro, we consider that sentence “Teoria sine praxis, sicut rota sine axi”, has to be respected - we have to wait for the solutions in case law in order to prove if the existing solutions in our legislation are correct and whether they fulfill the purpose of criminal procedure.

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