Review article
https://doi.org/10.54070/hljk.28.2.2
Risk of Committing Another Offence (Danger of Iteration) and Determination of Pre- Trial Detention: Iudex, Quo Vadis?
Marijan Bitanga
; Visoki kazneni sud Republike Hrvatske, Zagreb, Hrvatska
Ivana Bilušić
; Općinski sud u splitu, Split, Hrvatska
Abstract
This paper deals with the most common special condition for the determination and duration of pre-trial detention: the risk of committing another offence (danger of iteration). It does so by presenting legal standards set by the jurisprudence of the European Court of Human Rights in Strasbourg in interpreting the European Convention for the Protection of Human Rights and Fundamental Freedoms and by examining the enforcement of the provisions of the Criminal Procedure Act, all accompanied by relevant case law and statistical indicators on the frequency of the application of measures of pre-trial detention. The paper provides answers to questions on whether the law in the Republic of Croatia in the legislative sense and through case law follows the Convention standards of pre-trial detention, and, if there are deviations, what they are and what he trends and dangers consist of.
Keywords
detention; deprivation of liberty; pre-trial detention; danger of committing another offence; danger of iteration; right to liberty; presumption of innocence; principle of proportionality
Hrčak ID:
272793
URI
Publication date:
1.12.2021.
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