Legislative Regulations and Practical-Legal Aspects of Arrest of a Person without a Court Ruling
DOI:
https://doi.org/10.60131/jlaw.2.2021.3628Keywords:
Arrest, Unlawful Arrest, Lawful Arrest, Judge’s Ruling, Urgent Necessity, Factual and Formal Grounds for Arrest.Abstract
This article looks at the one of the problematic and topical issues of the criminal process. The presumption of liberty belongs to the category of fundamental human rights, which is recognized and protected by applicable national and international law. Interference with fundamental rights in criminal proceedings is justified only in exceptional circumstances. Arrest, detention is the most serious measure of coercion permitted by both domestic and international criminal procedure law and international human rights instruments.
The article is based on the analysis of doctrine and investigative/judicial practice. It describes and discusses the main aspects of modern unlawful arrest and the current challenges.
The purpose of the study is to identify gaps in legislative and investigative/judicial practice related to the arrest of a person without the court's permission and to determine the measures to be taken to ensure their resolution.
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