Custody in criminal proceedings: Legal grounds and procedure
Glasnik Advokatske komore Vojvodine
Pritvor u krivičnom postupku - pravni osnovi i postupak
A very important issue for the normal, smooth flow of criminal procedure is an immediate presence of some persons in criminal procedure, in the first place of the accused. The actions and measures of the criminal court undertaken in order to provide the immediate presence of the accused are the following: call, bringing of the accused, measures of monitoring, caution and the most severe one - temporary arrest (custody). These measures for securing the presence of the accused and for the normal
... and for the normal flow of criminal proceedings are placed in the new Criminal Procedural Law of Montenegro in the part devoted to general issues, unlike before when these actions were placed in the part with investigation, since these measures are now undertaken not only during investigation but also during the entire criminal procedure. The reasons for these changes as well as for repeal of some earlier solutions of the Criminal Procedural Law concerning custody lie in the necessity to implement some solutions from modern criminal procedural laws of European countries as well as to implement relevant solutions from European Declaration on Human Rights, to improve human rights and to reach European human rights standards. The three most important changes related to the custody are the following: legal conditions for imposing custody jurisdiction for imposing custody and duration of custody. As far as the legal conditions for imposing custody are concerned, they are now more favorable for the accused, and the compulsory arrest is practically repealed. Now, only the criminal court is in charge to impose custody. And the last but not the least important issue •- during the whole criminal procedure the duration of custody is legally limited and strictly controlled by the court.