PART TWO
HUMAN AND MINORITY RIGHTS AND FREEDOMS

1. Fundamental Principles

Detention
Article 30

Any person under reasonable doubt of committing a crime may be remanded to detention only upon the decision of the court, should detention be necessary to conduct criminal proceedings.

If the detainee has not been questioned when making a decision on detention or if the decision on holding in detention has not been carried out immediately after the pronouncement, the detainee must be brought before the competent court within 48 hours from the time of sending to detention which shall reconsider the decision on detention.

A written decision of the court with explanation for reasons of detention shall be delivered to the detainee not later than 12 hours after pronouncing. The court shall decide on the appeal to decision detention and deliver it to the detainee within 48 hours.

Duration of detention
Article 31

The court shall reduce the duration of detention to the shortest period possible, keeping in mind the grounds for detention. Sentencing to detention under a decision of the court of first instance shall not exceed three months during investigation, whereas higher court may extend it for another three months, in accordance with the law. If the indictment is not raised by the expiration of the said period, the detainee shall be released.

The court shall reduce the duration of detention after the bringing of charges to the shortest possible period, in accordance with the law.

Detainee shall be allowed pre-trial release as soon as grounds for remanding to detention cease to exist.

Part One
GENERAL PART

Chapter VIII
MEASURES TO SECURE THE PRESENCE OF THE DEFENDANT AND FOR UNOBSTRUCTED CONDUCT OF CRIMINAL PROCEEDINGS

2. Specific Measures

e) Detention

a. Basic Provisions

Basic Rules on Ordering Detention
Article 210

Detention may be ordered only under the conditions specified in this Code and only if the same purpose cannot be achieved by another measure.

It is the duty of all authorities participating in criminal proceedings and authorities providing legal assistance for them to keep the duration of detention as short as possible and to act especially expeditiously if the defendant is in detention.

For the duration of the proceedings, detention will be revoked as soon as the reasons for which it was ordered cease to exist.

Reasons for Ordering Detention
Article 211

Detention may be ordered against a person for whom there exists grounded suspicion that he has committed a criminal offence if :

1) he is in hiding or his identity cannot be established or in the capacity of defendant he is clearly avoiding appearing at the trial or if there exist other circumstances indicating a flight risk ;
2) there exist circumstances indicating that he will destroy, conceal, alter or falsify evidence or traces of a criminal offence or if particular circumstances indicate that he will obstruct the proceedings by exerting influence on witnesses, accomplices or concealers ;
3) particular circumstances indicate that in a short period of time he will repeat the criminal offence, or complete an attempted criminal offence, or commit a criminal offence he is threatening to commit;
4) the criminal offence with which he is charged is punishable by a term of imprisonment of more than ten years or a term of imprisonment of more than five years for a criminal offence with elements of violence, or he has been sentenced by a court of first instance to a term of imprisonment of five years or more, and the way of commission or the gravity of consequences of the criminal offence have disturbed the public to such an extent that this may threaten the unimpeded and fair conduct of criminal proceedings.

In the case referred to in paragraph 1 item 1) of this Article, detention ordered solely because the identity of the person cannot be established lasts only until that identity is established, and detention ordered solely because a defendant obviously avoids appearing at the trial may last until the publication of the judgment. In the case referred to in paragraph 1 item 2) of this Article, detention will be revoked as soon as the evidence because of which detention was ordered is secured.

When it pronounces a judgment ordering a term of imprisonment of less than five years, the court may order detention for a defendant who is at liberty if the reasons referred to in paragraph 1 items 1) and 3) of this Article exist, and it will revoke detention for a defendant who is in detention if the reasons for which it was ordered no longer exist.

Deciding on Detention
Article 212

The court decides on ordering detention on a motion by the public prosecutor, and after the indictment is confirmed, also ex officio.

Before issuing the decision referred to in paragraph 1 of this Article, the court will question the defendant in connection with the reasons for ordering detention. The questioning may be attended by the public prosecutor and the defence counsel.

The court is required to inform in a suitable manner the public prosecutor and the defence counsel on the time and place of the defendant’s questioning. The questioning may also be performed in the absence of persons duly notified.

By exception from paragraph 2 of this Article, the decision ordering detention may be issued without questioning the defendant if the circumstances referred to in Article 195 paragraph 1 items 1) and 2) of this Code, or a danger of delays, exist.

If detention was ordered in accordance with paragraph 4 of this Article, the court will within 48 hours of the hour of the arrest question the defendant in accordance with the provisions of paragraphs 2 and 3 of this Article. After the questioning, the court will decided whether to leave the decision ordering detention in force or to repeal detention.

Ruling Ordering Detention
Article 213

Detention is ordered by a ruling of the competent court.

The ruling ordering detention contains : the first name and surname of the person being detained, criminal offence with which he is charged, legal basis for the detention, time for which detention is being ordered, time of the arrest, advice on a right to an appeal, substantiation of the grounds and reasons for ordering detention, official seal and signature of the judge who orders detention.

The ruling ordering detention is served to the defendant at the time of his arrest, or no later than 12 hours after he has been remanded to custody. The file must specify the date and hour of the arrest of the defendant and service of the ruling.

Detention during the Investigation
Article 214

Detention during the investigation may be ordered, extended or repealed by a ruling of the judge for preliminary proceedings or the panel (Article 21 paragraph 4).

The ruling extending or repealing detention is issued ex officio or on a motion of the parties and the defence counsel.

The parties and defence counsel may appeal against the ruling on detention to the panel (Article 21 paragraph 4). The appeal, ruling and other documents are immediately delivered to the panel. An appeal does not stay execution of the ruling.

A decision on the appeal is issued within 48 hours.

Duration of Detention during the Investigation
Article 215

Based on ruling of the judge for preliminary proceedings, a defendant may be kept in detention for a maximum of three months from the date of being deprived of liberty. The judge for preliminary proceedings is required, even without a motion by the parties or defence counsel, to examine at the end of each 30 days whether the reasons for detention still exist and to issue a ruling extending or repealing detention.

A panel of the immediately higher court (Article 21 paragraph 4) may, acting on a reasoned motion of the public prosecutor, for important reasons extend detention by a maximum of another three months.
An appeal is allowed against that ruling, but it does not stay execution of the ruling.

If no indictment is filed by the expiry of the time limits referred to in paragraphs 1 and 2 of this Article, the defendant will be released.

Detention after an Indictment has been filed
Article 216

From the filing of the indictment to the court until the commitment of the defendant to serve a custodial criminal sanction, detention may be ordered, extended or repealed by a ruling of the panel.

The ruling ordering, extending or repealing detention is issued ex officio or on a motion of the parties and the defence counsel.

The panel is required even without a motion of the parties and the defence counsel to examine whether reasons for detention still exist and to issue a ruling extending or repealing detention, at the expiry of each 30 days until the indictment is confirmed, and at the expiry of each 60 days after the indictment is confirmed and up to the adoption of a first instance judgment.

If after the indictment is confirmed detention is repealed because there are no grounds for suspicion about the existence of a criminal offence, the court will examine the indictment in accordance with Article 337 of this Code.

The parties and the defence counsel may appeal against the ruling referred to in paragraph 2 of this Article, and the public prosecutor may also appeal against a ruling denying a motion for ordering detention. The appeal, ruling and other documents are immediately delivered to the panel. An appeal does not stay the execution of the ruling.

Detention ordered or extended in accordance with the provisions of paragraphs 1 to 5 of this Article may last until the commitment of the defendant to serve a custodial criminal sanction, but no longer than the expiry of the duration of the criminal sanction pronounced in the first-instance judgment.

Part Two
COURSE OF THE PROCEEDINGS

Chapter XV
PRE-INVESTIGATION PROCEEDINGS

2. Authority of the Authorities Conducting Pre-investigation Proceedings

Police Arrest
Article 291

The police may arrest a person if there exist a reason for ordering detention (Article 211), but it is required to take such a person without delay to the competent public prosecutor. When
bringing the person in, the police will submit to the public prosecutor a report on the reasons for and time of the arrest.

The person arrested must be advised of the rights referred to in Article 69 paragraph 1 of this Code.

If the taking of the arrested person [to the prosecutor] due to unavoidable obstacles lasted more than eight hours, the police are required to explain the delay in detail to the public prosecutor, about which the public prosecutor will draft an official note. The public prosecutor will enter in the note the arrested person’s statement about the time and place of the arrest.

Part Two
COURSE OF THE PROCEEDINGS

Chapter XV
PRE-INVESTIGATION PROCEEDINGS

2. Authority of the Authorities Conducting Pre-investigation Proceedings

Keeping a Suspect in Custody
Article 294

The public prosecutor may exceptionally keep in custody for the purpose of questioning a person arrested in accordance with Article 291 paragraph 1 and Article 292 paragraph 1 of this Code, as well as the suspect referred to in Article 289 paragraphs 1 and 2 of this Code, not more than 48 hours from the time of the arrest, or the response to a summons.

The public prosecutor, or upon his authorisation, the police, issues and serves a ruling on custody immediately, or not more than two hours after the suspect was told that he would be kept in custody. The ruling must specify the offence of which the suspect is accused, grounds for suspicion, date and time of deprivation of liberty or response to a summons, as well as time of commencement of the custody.

The suspect and his defence counsel are entitled to appeal against the ruling on custody within six hours of the delivery of the ruling. A decision on the appeal is issued by the judge for the preliminary proceedings within four hours of receiving the appeal. The appeal does not stay the execution of the ruling.

The suspect is entitled to the rights referred to in Article 69 paragraph 1 of this Code.

The suspect must have a defence counsel as soon as the authority conducting proceedings referred to in paragraph 2 of this Article issues a ruling on custody. If the suspect does not retain a defence counsel on his own within four hours, the public prosecutor will secure one for him ex officio, according to the order on the list of lawyers submitted by the competent bar association.