What is detention?
Detention is a measure to ensure the presence of the defendant in criminal proceedings. This is the strictest measure, and the other, milder measures are: summon, forced bringing, ban on approaching, meeting or communicating with a certain person and visiting certain places, ban on leaving residence, bail and ban on leaving the apartment. Detention should therefore be distinguished from serving a prison sentence. Detention is a measure during the proceedings, and serving a prison sentence represents the execution of the sentence to which the defendant was sentenced by a final judgment.
What are the conditions for ordering detention?
Detention may be ordered against a person who is reasonably suspected of having committed a criminal offense if:
- the person is hiding or his identity cannot be established, or in the capacity of the accused, he is clearly avoiding coming to the main trial, or if there are other circumstances that indicate a risk of flight
- there are circumstances that indicate that he will destroy, hide, alter or falsify evidence or traces of a criminal offense or if special circumstances indicate that he will interfere with the proceedings by influencing witnesses, accomplices or concealers
- special circumstances indicate that in a short period of time he will repeat the criminal offense or complete the attempted criminal offense or commit the criminal offense he threatens to commit
- for the criminal offense for which he is charged, a prison sentence of more than ten years has been prescribed, that is, a prison sentence of more than five years for a criminal offense with elements of violence, or he has been sentenced to a prison sentence of five years or a more severe punishment by the judgment of the first instance court, and the manner of execution or severity the consequences of the criminal offense have led to public anxiety that may threaten the smooth and fair conduct of criminal proceedings
Who decides on detention?
Detention is decided exclusively by the court, at the proposal of the public prosecutor, and after confirmation of the indictment and ex officio.
Is detention mandatory in certain cases?
The answer is: no. Detention is always an optional measure.
How long can detention last?
The defendant can be kept in detention for a maximum of three months from the day of deprivation of liberty, however, the immediately higher court can, for important reasons, at the reasoned proposal of the public prosecutor, extend the detention for a maximum of another three months. If the indictment is not filed after the expiration of the mentioned deadlines, the defendant will be released. After submitting the indictment to the court, detention can last indefinitely, that is, until the defendant is sent to prison.
Is detention included in the imposed prison sentence?
The answer is: yes, it counts. Also, the imposed prison sentence includes the duration of the ban on leaving the apartment, since this measure is also considered a deprivation of liberty.
Danilo Babić- lawyer in Novi Sad
