Court hearing concerning the examination of the motion for temporary arrest

In preliminary investigation, the court set up an arrest to the suspect, but only at the request of the prosecutor. The scope of assessment of this application determines the framework of the entire proceedings for the application of pre-trial detention. Therefore, an important issue arises to what extent the court can assess the prosecutor’s application. 

Any suspect or accused in the criminal proceedings has the right to be assisted by a defence attorney. A defence lawyer in criminal proceedings may only be an advocate or an attorney-at-law. The provisions of the Code of Criminal Procedure also stipulate that a suspect or defendant in a single proceeding has the right to […]

Expert opinion is often the main evidence enabling prosecution of the defendant. It is also used as a vital piece of evidence justyfying the pre-trial detention. That is why it is very important to analyze it in such cases and point out every error.

The Code of Criminal Procedure provides for the possibility of applying to the suspect, and at a later stage of the accused’s proceedings, eight preventive measures, but each time their application must be justified by the circumstances specified in the Code of Criminal Procedure. In the event of applying preventive measures in preparatory proceedings – […]

The possibility of applying pre-trial detention is conditioned by the simultaneous occurrence of the general condition and the so-called specific reasons. The general premise is the evidence collected in the case showing a high probability that the suspect has committed the alleged act. It is indicated that the probability of the suspect committing the alleged […]