Police and Security, Vol. 19 No. 3, 2010.
Review article
Arrest as a Measure for Providing the Presence of a Defendant and Initiating the Criminal Proceedings
Hrvoje Filipović
; Police Academy, Zagreb, Croatia
Abstract
The arrest is one of the measures for providing the presence of a defendant, which the legislator has provided for to prevent the perpetrators of criminal acts from obstructing the achievement of the objective of the criminal proceedings, both before and in the course of the proceedings, and it is likelv that with its application a person will be brought in the "lobby" of criminal proceedings. The paper in several sections gives an overview of measures starting with the arrest in light of constitutional provisions on arrest, international legal acts with special emphasis on Article 5 of the European Convention for the Protection of Human Rights and Fundamental Freedoms with the relevant case law. For a comparative view of the provisions on the arrest England, Italy and Austria were chosen, based on their historical and political - legal significance. In the last section statistical data on measures of arrests in ali police departments in Croatia, and in the Koprivničko-križevačka Countv Police Department and Koprivnica Countv Court in year 2006 and 2007 and an analysis of ali arrests has been made. The analysis showed how many of the persons arrested were submitted to criminal charges, how many have been brought to the investi-gative judge, and put in custody. In addition to these features, data on the duration of arrests, the structure of crimes, use of rights, and gender and age of the detainees were obtained.
Keywords
providing the presence of the accused; the arrest; detention; custody; the police; the Law on Criminal Procedure
Hrčak ID:
79444
URI
Publication date:
16.12.2010.
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