Everyone has the right to liberty and security of person. No one may be deprived of or have their liberty restricted, otherwise than in accordance with law.

Article 95. [Human Dignity]
The State shall protect human honourhonor and dignity. Torture or other cruel or degrading treatment of human beings is prohibited. No one shall be subjected to inhuman or degrading punishment .

Section 246. Application of a Procedural Compulsory Measure

(2) Prior to taking a decision to apply the security measure which is related to deprivation of liberty, the person directing the proceedings shall issue to the person who has the right to defence a copy of the proposal which contains a justification for the selection of the particular security measure with considerations based on the materials of the case.

Section 263. Detention

Detention is the deprivation of the liberty of a person, for a period of time of up to 48 hours, without a decision of an investigating judge, if conditions for detention exist.

Section 264. Conditions of Detention

(4) Taking into account the conditions of this Section, during one criminal proceedings, a person shall be detained only one time.


Section 266. Procedural Drawing-Up of Detention

(2) A detained person shall be familiarised with a protocol, the rights of a detained person shall be explained to him or her, and he or she shall sign regarding such explanation in the protocol.

Section 267. Execution of Detention

(2) A special law shall determine the procedures for the holding of a detained person.


Section 268. Term of Detention

(1) The person directing the proceedings shall without delay, but not later than within 48 hours, decide on the recognition of the detained person as a suspect or an accused and regarding the application of a security measure.

(2) After recognition of the detained person as a suspect or an accused and interrogation, if it is necessary, the person directing the proceedings shall without delay decide on the release of such person from a temporary place of detention if a security measure has been applied, which is not related to the deprivation of liberty.

(3) If the detained person has been recognised as a suspect or an accused in case of necessity interrogated, but the security measure selected by the person directing the proceedings is related to the deprivation of liberty of the person, the person may be located in a temporary place of detention up to the conveyance of the person to an investigating judge, taking into account the specified restriction of 48 hours from the moment of the actual detention.

Section 277. Terms of Arrest

(1) A person may be held under arrest only so long as is necessary for the ensuring of the normal progress of proceedings, but not longer than is allowed for by this Law for the criminal offence indicated in a decision to recognise such person as a suspect or the holding of such person criminally liable.

(2) The total term of holding under arrest shall include the term that a person has spent in detention, under arrest, or in another location of the execution of a compulsory measure related to deprivation of liberty, but shall not include the term that a person has spent under arrest in another country in connection with the transfer of criminal proceedings or the extradition of such person.

(3) The term of arrest during pre-trial proceedings shall include the term referred to in Paragraph two of this Section up to the transfer of the case to the Court Registry, but the term of arrest during a trial shall be counted from the drawing up of the full ruling of a court of first instance. If an appellate or cassation court has revoked a judgment of conviction and sent the case for an examination de novo in a court of first instance, the time period from pronouncement of a ruling of the appellate or cassation court until drawing up of a full ruling of the court of first instance shall also be included in the term of arrest.

(4) The term of arrest for a person who is suspected of, or accused of, the committing of a criminal violation shall not exceed 30 days, of which the person shall be permitted to be held under arrest during pre-trial proceedings not longer than 20 days.

(5) The term of arrest for a person who is suspected of, or accused of, the committing of a less serious crime shall not exceed nine months, of which the person shall be permitted to be held under arrest during pre-trial proceedings not longer than four months.

(5^1) The term of arrest for a person who is suspected of, or accused of, the committing of a less serious crime against sexual inviolability and morals, if it has been committed against a minor, shall not exceed 12 months, of which the person shall be permitted to be held under arrest during pre-trial proceedings not longer than six months. The investigating judge in pre-trial proceedings and a higher-level court judge during a trial may extend the term by one more month, if the person directing the proceedings has not allowed for unjustified delay, or if the person who conducts defence has intentionally delayed the progress of proceedings, or if the faster completion of proceedings has not been possible due to the particular complexity thereof.

(6) The term of arrest for a person who is suspected of, or accused of, the committing of a serious crime shall not exceed 12 months, of which the person shall be permitted to be held under arrest during pre-trial proceedings not longer than six months. Both an investigating judge in pre-trial proceedings and a higher-level court judge during a trial may extend the term by three more months, if the person directing the proceedings has not allowed for unjustified delay, or if the person who conducts defence has intentionally delayed the progress of proceedings, or if the faster completion of proceedings has not been possible due to the particular complexity thereof.

(7) The term of arrest for a person who is suspected of, or accused of, the committing of an especially serious crime shall not exceed 24 months, of which the person shall be permitted to be held under arrest during pre-trial proceedings not longer than 15 months. Both an investigating judge in pre-trial proceedings and a higher-level court judge during a trial may extend the term by three more months, if the person directing the proceedings has not allowed for unjustified delay, or if the person who conducts defence has intentionally delayed the progress of proceedings, or if the faster completion of proceedings has not been possible due to the particular complexity thereof. A higher-level court judge may extend such term by three more months, if the person directing the proceedings has not allowed for unjustified delay, and public security may not be guaranteed with the application of another security measure.

(8) The issue of extending the term of arrest shall be examined by a judge of a higher level court in a closed court hearing, providing an opportunity for the person whose arrest is being decided, his or her defence counsel and representative, as well the prosecutor to express their views. The decision shall not be subject to appeal.

(9) If a person to whom a security measure related to deprivation of liberty commits a new criminal offence during criminal proceedings, for which a custodial punishment is provided in the law, arrest may be imposed on such person as a security measure. In such cases, the term of arrest shall be determined as for a new criminal offence.

(10) A person arrested shall be immediately released if the term of arrest exceeds the maximum term determined in the Criminal Law for a custodial sentence that a court may impose for the criminal offence regarding the committing of which such person has been accused, but after judgment of conviction - if the sentence imposed by the court has expired.

(11) If the procedural decision has an impact on the term of arrest, the person directing the proceedings shall notify thereof the institution in which a person is held under arrest and the person who has been applied the security measure related to deprivation of liberty.


Section 279. Terms of Arrest for Suspects

(1) A suspect shall be held under arrest until being held criminally liable for not longer than half of the term of arrest allowed for in pre-trial proceedings.

(2) A supervising prosecutor may permit an investigating institution to exceed the term referred to in Paragraph one of this Section, yet by not longer than half of the remaining term of arrest during pre-trial proceedings specified in Sections 277 and 278 of this Law.

Section 702. Extradition Arrest

(5) The term of the arrest of a person to be extradited shall not exceed one year, and, in addition, shall not be longer than the term of a sentence imposed in a foreign country, if such term is less than one year, counting from the moment of the application of the detention or arrest.