DETENTION - ANALYSIS OF THE DOMESTIC AND INTERNATIONAL LEGISLATION (THEORY AND PRACTICE)

Trajanovska, Vesna and Jovanova, Natasa (2020) DETENTION - ANALYSIS OF THE DOMESTIC AND INTERNATIONAL LEGISLATION (THEORY AND PRACTICE). In: SECURITY HORIZONS- INTERNATIONAL SCIENTIFIC CONFERENCE- THE EURO-ATLANTIC VALUES IN THE BALKAN COUNTRIES. University “St. Kliment Ohridski”- Bitola, Faculty of Security- Skopje, pp. 141-155.

Text Book-Zbornik-Ohrid-2020-Volume-II.pdf - Published Version Download (3MB)

Abstract

Abstract
This paper elaborates the key role of detention in criminal proceedings and
provides guidance for its successful application in accordance with the domestic and
international legal standards and human rights. Furthermore, it emphasizes the
importance of the implementation of other measures to ensure defendant’s presence
and successful criminal case (hereinafter referred as alternative measures).
The way in which analysis of detention is applied in North Macedonian
judiciary, indicates significant deficiencies in decisions ordering and continuation of
this measure expressed by inadequate explanations of the legal grounds. Namely, the
conclusion is that the explanations are stereotyped, non-individualized and include a
retelling of the legal text of the Law on Criminal Procedure. Inescapable impression
is that the approach of judges when assessing which measure to be enforced, often
begins and ends with detention, instead first evaluating the possibilities afforded by
other provisions of the criminal procedural legislation and which do not lead to
strictly limiting the freedom of the defendant, but they mean imposing injunctions,
restrictions or obligations.
The practice applied in the field of detention in North Macedonia is very
common in the context of public arrests of subjects. Entities taken into custody are
considered guilty since the beginning, and it is forgotten they are innocent until
proven otherwise. In terms of the new law on criminal procedure, the presence of
three key UNITS in deciding detention is highlighted, and those are: primary
suspicion for committing a crime, explaining the grounds for granting custody and
explaining why any alternative measures are not implemented. Combining
alternative measures can bring results, but unfortunately in North Macedonia it is
not used. Finally, this paper underlines that there must be relevant and specific
reasons before adoption of detention, and not making exceptions and emphasizing
exaggerated and misused role of the media in the act of arresting.

Item Type:	Book Section
Subjects:	Scientific Fields (Frascati) > Social Sciences > Law Scientific Fields (Frascati) > Social Sciences > Other social sciences
Divisions:	Faculty of Security
Depositing User:	Fbs Eprints
Date Deposited:	16 Oct 2022 16:45
Last Modified:	16 Oct 2022 16:45
URI:	https://eprints.uklo.edu.mk/id/eprint/6804

Actions (login required)

View Item