The questions below offer a general framework on the rights of a suspect, police custody, pretrial detention and judicial control, criminal complaints, istinaf appeals and appeals to the Court of Cassation. In a specific case, the time limits, the documents and the regulations in force are assessed separately.
Showing 1–6 of 6 questions
How is the right to the assistance of defense counsel exercised during police custody?
A person in police custody may meet with defense counsel; the statutory cases of mandatory defense counsel are also taken into account.
A person who is apprehended or taken into custody must be informed of the reason for the measure and of his or her rights. The possibility of meeting with defense counsel, the right to remain silent, the medical check and the provisions on notifying relatives are assessed under the criminal procedure legislation. The duration of police custody, any extension decision and the statutory conditions of the measure must be followed. The person’s request for defense counsel must be clearly entered in the record; restrictions in practice can be examined only on the basis of a statutory ground and conditions.
What is the difference between pretrial detention and judicial control measures?
Pretrial detention is a severe protective measure that restricts liberty; judicial control, on the other hand, may be carried out through lighter obligations provided for by law.
For pretrial detention, the concrete evidence showing strong suspicion of an offense, the ground for detention and the requirements of proportionality must be assessed together. Under judicial control, obligations such as signing in or a ban on leaving the country, or other statutory obligations, may be applied. The mere gravity of the offense or the fact that it is a listed offense does not make a reasoned and individualized assessment unnecessary for pretrial detention. The conditions for continuing and lifting the measure must be examined separately.
What avenues of challenge are considered against a pretrial detention decision?
A legal remedy may be pursued against a pretrial detention decision; in addition, a request for release and for judicial control may be considered.
The reasoning of the detention decision, the accusation, the concrete evidence, the risks of flight or of tampering with evidence, and why alternative measures were considered insufficient must be examined. The authority competent to hear the objection and the time limits under the Code of Criminal Procedure must be checked according to the nature of the decision. Individual circumstances such as health, family, occupation, a fixed residence and the stage the investigation has reached may be presented with supporting documents. Making an application does not mean that the measure is lifted automatically.
Is it sufficient for a pretrial detention decision to state only the gravity of the offense?
Pretrial detention must be assessed on the basis of concrete grounds and the conditions in the Code of Criminal Procedure.
The facts showing strong suspicion of an offense, the risk of flight or of concealing evidence, and why judicial control is insufficient must be discussed in the decision. Proportionality and individualized reasoning can be reviewed.
Can a detained person request release on health grounds?
Release or judicial control may be requested on the basis of the concrete state of health, the treatment options and the necessity of the protective measure.
Current physician reports, institutional health records, the risk of delay in treatment and alternative measures should be presented. Not every illness is regarded as a ground for release in itself.
Can a ban on leaving the country imposed as part of judicial control be changed?
Yes; the lifting or modification of the ban or, where necessary, a temporary exemption may be requested.
The reason for travel, work or health documents, compliance with summonses and concrete data showing that there is no suspicion of flight are important. From which authority the decision is requested and the avenue of objection in case of refusal are examined separately.