CMK art.100-108: Arrest is the most severe protection measure. Subject to strict conditions.
Conditions
- Strong suspicion of crime
- One of the reasons for arrest (escape, obfuscation of evidence, threat to the victim)
- Judge/magistrate's decision
- Proportionality
Detention Periods
- General: 1 year (1.5 if extended). year)
- Heavy punishment: 2 years (5 years if extended)
- Child: half
- Constitution Article 19: reasonable period
Objection
- Objection to the same level referee within 7 days
- Request for release anytime
- Constitutional individual application (long detention)
Judicial Control Alternative
- Banning from leaving the country
- Obligation to sign
- Bail
- Not going/going to a certain place
Constitutional Court and ECHR
The Constitutional Court and the ECHR have consistently stated that arrest is "extraordinary measure", alternatives should be evaluated, and long-term detention constitutes a violation of rights. states.
Criminal defense attorney is required.