PRE-TRIAL DETENTION

PRE-TRIAL DETENTION

Pre-trial detention is a measure to ensure the presence of the defendant in criminal proceedings, which represents the deprivation of an individual's freedom, and is mostly legally regulated in Chapter IX. of the Criminal Procedure Act (Official Gazette No. 152/2008, 76/2009, 80/2011, 91/2012, 143/2012, 56/2013, 145/2013, 152/2014, 70/2017, 126/2019, 126 /2019, 80/2022).

Grounds for determining pretrial detention

Pre-trial detention can be ordered if there is reasonable suspicion that a certain person has committed a criminal offense and if:

- is on the run or special circumstances point to the danger that she will run away (she is hiding, her identity cannot be determined, etc.),

- special circumstances point to the danger that they will destroy, hide, alter or falsify evidence or traces important for the criminal proceedings or that they will hinder the criminal proceedings by influencing witnesses, experts, participants or concealers,

- special circumstances point to the danger that he will repeat the crime or that he will complete the attempted crime, or that he will commit a more serious crime for which, according to the law, it is possible to impose a prison sentence of five years or a more severe sentence, which he threatens,

- pre-trial detention is necessary for the smooth development of proceedings for a criminal offense for which a long-term prison sentence is prescribed and in which the circumstances of the commission of the criminal offense are particularly serious,

- the defendant who has been duly summoned avoids coming to the hearing

Abolition of pretrial detention and revocation of the decision on pretrial detention

The court will abolish pretrial detention and the defendant will be released:

-as soon as the reasons for which pre-trial detention was ordered or extended have ceased,

- if further pre-trial detention would not be in proportion to the gravity of the crime committed,

- if the same purpose can be achieved by another milder measure,

- when this is proposed by the state attorney before the indictment is filed,

- if the state attorney, even after prior notification to the senior state attorney, unjustifiably does not take actions in the procedure within the legal deadlines,

- when the court pronounces a verdict acquitting the defendant of the charge or the charge is rejected or the defendant is sentenced to a fine, community service at liberty, a suspended sentence or a court warning, or a prison sentence for a period shorter than or equal to the previous period of pre-trial detention,

- when the terms of pre-trial detention expire,

- when pre-trial detention is ordered according to Article 123, paragraph 1, item 2 of this Law, if the defendant has circumstantially and in detail admitted the crime and guilt, or as soon as the evidence for which the detention was ordered is collected or produced, and no later than until the end discussions.

The judicial authority competent to determine, extend and terminate pre-trial detention

Pre-trial detention until the filing of the indictment is ordered by the investigating judge on the proposal of the state attorney, and abolished on the proposal of the defendant, the state attorney, or ex officio.

The judge of the investigation decides immediately, but no later than within twelve hours from the submission of the proposal, on the state attorney's proposal to order pre-trial detention.

If something else is not prescribed by a special law before the indictment is filed, the judge of the investigation decides on the extension of pretrial detention on the proposal of the state attorney.

After the indictment is submitted, the pre-trial prison determines, extends and abolishes the indictment panel until the indictment is confirmed. After confirmation of the indictment, until the verdict becomes final, pretrial detention is determined, extended and terminated by the trial court in session, and by the council outside of session.

When deciding on an appeal against a verdict, the remand prison determines, extends and terminates the panel that decides on the appeal.

Duration of pre-trial detention

Until the verdict of the court of first instance is passed, pre-trial detention can last for the longest time:

-two months if the criminal offense can be sentenced to imprisonment of up to one year,

-three months if the criminal offense can be sentenced to imprisonment for up to three years,

- six months if the criminal offense can be sentenced to imprisonment for up to five years,

-twelve months if the criminal offense can be sentenced to imprisonment for up to eight years,

- two years if the criminal offense can be sentenced to imprisonment for more than eight years,

-three years if a long-term prison sentence can be imposed for the crime