Review article
Preventive (Security) Detention of “Dangerous” Delinquents – The Reminder from Strasbourg
Davor Derenčinović
; Faculty of Law, University of Zagreb, Zagreb, Croatia
Abstract
This paper is dedicated to distinguished Professor Emeritus Željko Horvatić, an internationally renowned scholar in criminal sciences, a teacher who inspired generations of students and dearest colleague who raised a number of legal scholars in the field.
Preventive (security) detention of dangerous recidivists who have committed serious violent criminal offences and the limitation of their freedom upon execution of a prison sentence has been a matter of public and scholarly debate in a number of European countries. In dealing with this subject, the present paper analyses standards of preventive detention that stem from the Convention for the Protection of Human Rights and Fundamental Freedoms and the case law of the European Court of Human Rights. The author emphasizes the relevance of the subject matter in the context of introducing the new security measure of protective supervision upon full execution of a prison sentence in the Croatian Criminal Code. He also offers some concrete proposals on improvements de lege lata and de lege ferenda.
Keywords
dualistic system of criminal sanctions; preventive (security) detention; recidivism; dangerous delinquents
Hrčak ID:
132620
URI
Publication date:
16.12.2014.
Visits: 1.483 *