Journal articles on the topic 'Detention of persons'
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1
Sabaeva, S. V. "Places of Forced Detention under the Jurisdiction of the Ministry of Internal Affairs of Russia." Actual Problems of Russian Law 17, no. 12 (November 19, 2022): 68–83. http://dx.doi.org/10.17803/1994-1471.2022.145.12.068-083.
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The paper is devoted to the study of detention, conditions of medical care, nutrition, visiting rights as well as other rights of persons in places of forced detention under the jurisdiction of the Ministry of Internal Affairs of Russia. The author determines the features of the legal status of these persons in relation to their location: 1) in a report room of a police station; 2) in a special reception center for detention of persons under administrative arrest; 3) in a temporary detention facility for suspects and the accused; 4) in a temporary detention center for juvenile offenders; 5) in a temporary detention center for foreign citizens or stateless persons subject to administrative expulsion from the Russian Federation. Results of the analysis of federal laws and administrative and legal acts made it possible to conclude that it is advisable to develop a single standard of detention conditions and ensuring the rights of persons in centers of short-term detention. The author proposes the structure of the Standard which can be prepared on the basis of international standards and that can be of a methodological nature.
2
Makarov, Andrey N. "CRIMINOLOGICAL PORTRAIT OF A PERSON COMMITTING ILLEGAL ACTS IN PLACES OF FORCED DETENTION OF INTERNAL AFFAIRS BODIES." LEGAL ORDER: History, Theory, Practice 41, no. 2 (June 28, 2024): 179–85. http://dx.doi.org/10.47475/2311-696x-2024-41-2-179-185.
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The following categories of persons may be held in places of forced detention of internal affairs bodies: persons detained on suspicion of committing crimes; suspects and accused of committing crimes against whom a preventive measure in the form of detention has been chosen and persons sentenced to imprisonment. The main purpose of the functioning of places of forced detention is to ensure that a person in such an institution does not have the opportunity to further commit illegal acts, including crimes. But, often, this goal is not always achieved. Some persons in places of forced detention commit illegal actions of various nature and severity of consequences. At the same time, these persons may belong to the category of persons forcibly placed in these institutions and to the category of employees serving and working in these institutions. In order to prevent this, it is necessary to carefully study the identity of a person who is in places of forced detention of internal affairs bodies, make up his criminological portrait and choose the necessary tactics to combat crime in such places.
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Ustyanceva, Anastasiya D. "To the question of respect for the rights and legitimate interests of persons in places of detention." Yugra State University Bulletin 12, no. 1 (April 15, 2016): 240–44. http://dx.doi.org/10.17816/byusu2016121240-244.
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The article deals with the problems of observance of the rights and legitimate interests of persons in places of detention. The author of this article reveals the urgency of the problems of observance of rights and legitimate interests of persons in places of detention and assess current state. The author outlined the main activities of law-enforcement and other bodies to ensure the rights and legitimate interests of persons in places of detention.
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Dragojlović, Joko, and Ljubica Prica. "Critical Review of Decision on Detention and Rights of the Detained Person." Kultura polisa 19, no. 4 (December 21, 2022): 100–123. http://dx.doi.org/10.51738/kpolisa2022.19.4r.100dp.
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By detention, in the pre-investigation procedure, one person is deprived of his liberty, which results in limited freedom of movement of that person, with the simultaneous establishment of other restrictions on the detained person. An arrested person, as well as a suspect, can be detained. These persons are detained on the basis of a decision on detention, which is announced, made and served by the public prosecutor, or upon his approval by the police. According to this decision, the detention of a person can last for a maximum of 48 hours. Bearing in mind that this formal act restricts the detained person's proclaimed right to freedom for the purpose of unhindered conduct of criminal proceedings, while freedom of movement is one of the basic human rights in a democratic society, this clearly shows the importance of the legal treatment of the authorities in the pre-investigation procedure towards the detained person, as and the legality of the detention decision itself. In order for the detention of a person to be justified, it must be legal in both material and procedural terms. Otherwise, there would be a legal basis for the detained person to claim damages, due to the arbitrary detention made against him by the authorities. This article points out the formal-legal determinations of the decision on detention, and the rights of adult persons who have been detained for a hearing, with the aim of pointing out some perceived shortcomings after conducting research and analyzing data from the decision on detention and proposing some legal improvements.
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Karavaev, I. V. "Detention and Remand in Custody: Comparative Legal Analysis." Actual Problems of Russian Law 15, no. 3 (April 9, 2020): 145–53. http://dx.doi.org/10.17803/1994-1471.2020.112.3.145-153.
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The paper analyzes the legal regulation of detention in custody of persons confined on suspicion of committing a crime, as well as of persons in respect of whom a measure of restriction in the form of remand in custody was chosen. The norms of the Federal Law “On detention in custody of suspects and accused of committing crimes”, as well as the Criminal Procedure Code of the Russian Federation relating to these relations are considered. The differences between the two types of custody are investigated: “detention” and “remand in custody”. The author identifies six fundamental criteria underlying the difference between the two types of custody: the grounds for the detention; a person or body authorized to decide on detention in custody; duration of custody; custodial facility; legal status of persons in custody; grounds for release. It is concluded that it is necessary to revise the Federal Law "On detention in custody of suspects and accused of committing crimes", changing its structure on the basis that the law actually regulates two independent processes: taking into custody when detaining a person and detention in custody when choosing a measure of restriction in the form of remand in custody.
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Ишков, Юрий Владимирович, Yuriy Vladimirovich Ishkov, Владимир Сторожук, and Vladimir Anatolyevich Storozhuk. "Medical-social and organizational legal aspects of ensuring safety of persons contained in detention centers of penitentiary system of Russia." Vestnik of Astrakhan State Technical University 2019, no. 2 (November 19, 2019): 68–76. http://dx.doi.org/10.24143/1812-9498-2019-2-68-76.
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The article discusses the medical, social, organizational and legal problems of ensuring the safety of persons kept in pre-trial detention centers of the penal system. The ever-increasing influence of the criminal environment on the individuals kept in the Russian pre-trial detention centers has been stated. Among the appointed problems there have been emphasized the socio-demographic and criminogenic factors (deterioration of the criminogenic composition of the persons kept in pre-trial detention centers of the Federal Penitentiary Service) as the most significant ones. The rights of the suspects and the accused, the circumstances of their detention in sentences serving facilities, measures preventing crimes against the person have been listed. A particular attention is paid to ensuring the health of the contingent in the pre-trial detention centers
7
Kovalevskyi, A. V. "PECULIARITIES OF DETENTION OF PERSONS FOR CRIMINAL OFFENSES COMMITTED ON THE GROUNDS OF RACIAL, NATIONAL OR RELIGIOUS INTOLERANCE." Scientific Herald of Sivershchyna. Series: Law 2022, no. 2 (July 12, 2022): 80–88. http://dx.doi.org/10.32755/sjlaw.2022.02.080.
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The author considers the features of criminal offenses in the article, which are related to extremism based on a comprehensive analysis based on previous studies of national scientists in which there is no consensus on the signs of intolerance draws conclusions and characterizes such acts, identifies their individual characteristics. Particular attention is paid to the detention conditions while realization of the preventive measures in the form of detention of such categories of persons accused of committing crimes on the grounds of racial, national or religious intolerance, which is important in the field of human rights, in isolation, overcoming discrimination against all its manifestations and ensuring personal safety. The author emphasizes that the pre-trial detention centers of the State Criminal and Executive Service of Ukraine are an institution for the implementation of a preventive measure in the form of detention, so considerable attention should be paid to the reception and placement of this category of prisoners. The article offers proposals for improving national legislation to allocate this category of persons to a separate group. It is concluded that attention is not paid enough to the personal safety of the personnel of penitentiary institutions. A number of specific issues have been clarified, namely the recommendations of the personnel of penitentiary institutions in which such persons are detained. Personnel should be careful and vigilant in dealing with them, aware of their life directions, fanaticism, radical views of those under fire for committing criminal offenses based on racial, national or religious intolerance. Key words: pre-trial detention, detention on grounds of racial, national or religious intolerance, hatred, hostility, categories of persons, penitentiary institution, detention center, penitentiary system.
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Tumanyants, Anush Robertivna, and Iryna Oleksandrivna Krytska. "Проблеми застосування запобіжного заходу у вигляді тримання під вартою щодо осіб, які мають вади зору." Copernicus Political and Legal Studies 1, no. 3 (2022): 71–81. http://dx.doi.org/10.15804/cpls.20223.09.
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The use of preventive measures such as detention enforcement is due to the restriction of fundamental rights. Particularly noteworthy is the issue of the feasibility of choosing this preventive measure for people with vision impairment. The aim of the research is determining the system of general standards of detention of persons with physical disabilities (in particular, visually impaired). The empirical base of the research is the national legislation of Ukraine, international acts, decisions of the European Court of Human Rights, data of the Integrated State Register of Court Decisions. The methodological basis is a set of general and special scientific methods, in particular, formal-legal (legal- technical) method of research, hermeneutical method, statistical method, system-structural method. On the basis of the research, taking into account the legal position of the ECtHR, the authors propose to distinguish the general standards of detention of persons with physical disabilities (in particular, visually impaired), such as: (1) detention should be reasonable in time; (2) it should not lead to health deterioration (compared to the natural course of the disease); (3) the prisoner should be provided with adequate medical care at an appropriate level; (4) the physical condition of the person in custody should not make him or her dependent on other persons being held with him or her in custody; (5) the conditions in which the person is remanded in custody must be appropriate to the physical condition of the person and cannot be considered separately from the person’s disability; (6) constant more intense surveillance should be provided to prevent any deterioration in health than might be the case if the person were not imprisoned; (7) if there is an appropriate medical finding that a person is not in custody, he or she should be considered by a competent subject for a possible change in the measure of detention or place of detention. The authors pointed out some shortcomings in the legislation and the law enforcement practice of this issue.
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Snitko, M. "FUNCTIONS OF THE REGIME OF EXECUTION AND SERVING OF CRIMINAL SENTENCES IN PENAL COLONIES AND PRE-TRIAL DETENTION CENTERS." Scientific journal Criminal and Executive System: Yesterday. Today. Tomorrow 2023, no. 2 (April 10, 2024): 97–108. http://dx.doi.org/10.32755/sjcriminal.2023.02.097.
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The article examines the functions of the regime of execution and serving of criminal sentences in penal colonies and pre-trial detention centers. The author points out that the functions of the regime of execution and serving of criminal sentences in penal colonies and pre-trial detention centers are very important for ensuring the efficiency of their activities and safety. The article points out that the regime includes a number of basic functions aimed at achieving the goal of serving a sentence – correction, re-socialization of convicts and prisoners, and social adaptation of persons released from penal colonies and pre-trial detention centers. The article examines the types of functions and their significance. It is believed that the main purpose of the function is to reform convicted persons by forming new value orientations, and consolidating the norms of morality and law and order. It is noted that in correctional colonies and pre-trial detention centers, convicts are given the opportunity to receive education, vocational training and develop their skills. Such measures contribute to correction and prevent further illegal behavior of persons released from correctional colonies and pre-trial detention centers. Key words: penal institution, correctional colony, pre-trial detention center, convict, prisoner, legal status, punishment, regime, functions of the regime of execution and serving of sentences, correction, resocialization, prevention.
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Jengic, V. Sendula, and A. Jengic Bujan. "Psychiatric treatment of mentally ill persons in custody – legal, medical and ethical issues." European Psychiatry 64, S1 (April 2021): S380. http://dx.doi.org/10.1192/j.eurpsy.2021.1018.
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IntroductionThe most recent legal regulations in the Republic of Croatia govern the process of criminal procedure for persons in pre-trial detention who have a temporary mental disturbance for which psychiatric treatment is needed. The Prison Director is in this case obliged to seek psychiatric treatment for such persons who are then hospitalized in a psychiatric institution instead of a prison hospital or prison that meets the requirements prescribed by law for the accommodation of pre-trial detainees. Forensic departments of the five psychiatric hospitals in Croatia accept mentally incapable persons subject to court order, but not persons in custody, i.e. in pre-trial detention. Pre-trial detention is a measure imposed in the previous proceedings to ensure that the person to whom the measure is imposed is present during the pre-trial stage and the hearing stage, i.e. after the final judgment has been rendered until it becomes final. According to Croatian laws, a person who has been sentenced to pre-trial detention and who has mental disorders is entitled to a range of rights that must be respected, and at the same time, there are strict restrictions in exercising those same rights for the reason of sentencing to pre-trial detention.ObjectivesThe article points to several problems that have arisen in practice due to the under-regulation of pre-trial detention measures.MethodsPerspective, opinion, and commentary article.ResultsPerspective, opinion, and commentary article.ConclusionsThe authors discuss legal, medical, and ethical issues, but also the financial framework of such a process.
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Sikun, А. М. "CURRENT STATE OF IMPLEMENTATION OF THE RIGHT TO WORK BY PRISONERS IN DETENTION CENTERS." Scientific Herald of Sivershchyna. Series: Law 2023, no. 2 (July 7, 2023): 55–66. http://dx.doi.org/10.32755/sjlaw.2023.02.055.
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The article examines the issue of the current state of implementation of the right to work by prisoners held in remand detention centers of Ukraine. The concepts of prisoner and convict are given to distinguish them. It is being considered which categories of persons can be held in pretrial detention centers. The quantitative index of prisoners as of January 1, 2023 is presented in the article, who are held in pretrial detention centers and in penitentiary institutions that perform the function of pre-trial detention centers on the territory of Ukraine. The procedure for engaging prisoners to work is disclosed in accordance with the Law of Ukraine “On Pretrial Detention”, as well as the Rules of the Internal Procedures of Pretrial Detention Centers of the State Criminal and Executive Service of Ukraine. The comments and recommendations made by the European Committee for the Prevention of Torture, Inhuman or Degrading Treatment or Punishment during their visit to detention centers of Ukraine in different years are given. As an example, the decision of the European Court of Human Affairs, namely the European Committee for the Prevention of Torture, Inhuman or Degrading Treatment or Punishment, which indicates that the employment of prisoners, including providing them with certain work, should have a positive effect on their detention. In the article attention is focused on the complicated procedure of engaging in socially useful work of persons taken into custody in workshops and certain recommendations are given regarding its optimization. A proposal for the introduction of remote work in detention centers for prisoners is given, which in turn will fully expand the type of possible work for prisoners, as well as satisfy the problem of employment. The Strategy for the reform of the penitentiary system for the period until 2026 was considered, namely the issue of changing approaches to the involvement of convicts and persons taken into custody for gainful employment. Key words: prisoners, work of prisoners, employment, work, detention center, penitentiary institutions.
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Aldoghmi, Hamzah. "National and International Legal Guarantees of the Administrative Detention in Jordan." Political Sciences and Law Series 2, no. 3 (November 7, 2023): 171–204. http://dx.doi.org/10.59759/law.v2i3.291.
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Administrative detention is one of the tools used by the administration to maintain public order and to protect community security as an extrajudicial detention. Administrative detention enables local authorities to detain anyone who threatens public order, but without prejudice to his civil and personal liberties. According to the Crime Prevention Law of 1954, governors can take action against persons who are about to commit crimes or assist in the commission of crimes, as well as persons who have a habit of stealing, or who have a habit of protecting or harbouring thieves or helping to conceal or dispose of stolen goods. In accordance with the aforementioned law, governors can also take measures against anyone who is in a situation that makes his presence at large without bail a danger to people. However, although these measures are taken in accordance with the law, there are several national and international legal guarantees that should be considered to protect the rights of those persons. In January 2023, the Constitutional Court of Jordan examined the constitutionality of a number of articles of the Crime Prevention Law. The Court ruled that the law ensures to everyone the basic guarantees for challenging the administrative detention decisions, and ensures that the decisions fall within the principle of legality and the proper implementation of the law in order to achieve its purpose. The Constitutional Court ruling makes an insight on the importance of the guarantees for administrative detainees in the face of the legality of their detention. Using the descriptive method and the analytical approach, this study examines the legal framework of the national and international legal guarantees of the administrative detention in Jordan. It discusses the legal guarantees of administrative detention and the judicial control over administrative decisions that include administrative detention. Finally, the study concludes with a number of important results and practical recommendations.
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Doroclea, Andreea Denisa. "Detention." Eximia 12 (September 30, 2023): 180–202. http://dx.doi.org/10.47577/eximia.v12i1.354.
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Preventive measures at present may be ordered only if there is evidence or well-founded character from which there is a reasonable suspicion that the individual has committed a criminal act and is necessary to achieve the aim pursued by taking them. The categories of preventive measures, with the exception of detention and preventive arrest, are changed, defending judicial control, judicial control on bail and house arrest compared to the old regulation which referred to the obligation not to leave the locality and the obligation not to leave the country together with detention and preventive arrest. Procedural aspects are extremely important in this preventive measure, such as the communication under signature of the detained person, of his/her rights and obligations, the duration for which he/she can be detained and, in certain special cases, informing the diplomatic representatives of the state of which the suspect or accused person is a citizen. In the case of certain persons, the law also requires certain additional requirements to be met in order to order detention, such as in the case of deputies or senators or judges, prosecutors or assistant magistrates. The measure of detention is the most used preventive measure and that it has a particular effect on the suspect as well as on the course of the trial. As it has a special status, being the only measure that can only be ordered during criminal investigations, I think it is very important to be aware of it. Detention is a preventive measure in the procedure of which numerous procedural errors can occur, so we considered necessary a thorough study to clarify all aspects of this preventive measure.
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Garceau, Marie-Luce. "La détention provisoire au Québec : une pratique judiciaire courante." Criminologie 23, no. 1 (August 16, 2005): 117–34. http://dx.doi.org/10.7202/017290ar.
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Little is known in Québec about detention before sentencing also known as provisionnel detention. This is a study of the population admitted to provisionnel detention between 1981 and 1985. The author presents the conceptual framework in which this study was undertaken and, with the help of statistical data, she draws a portrait of the population concerned. The author points out there is a disparity between the theory and practice of provisionnel detention. Furthermore, it is used disproportionately for marginal groups of detained persons.
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Koshiev, Nurbek Usenbekovich, and Ailen Dokturbekovna Adambekova. "PROCEDURAL FOUNDATIONS FOR DETENTION OF PERSONS IN SEARCH." Theoretical & Applied Science 60, no. 04 (April 30, 2018): 151–54. http://dx.doi.org/10.15863/tas.2018.04.60.29.
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Bendelow, Gillian, Claire A. Warrington, Anna-Marie Jones, and Sarah Markham. "Police detentions of ‘mentally disordered persons’: A multi-method investigation of section 136 use in Sussex." Medicine, Science and the Law 59, no. 2 (April 2019): 95–103. http://dx.doi.org/10.1177/0025802419830882.
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This research was conducted in response to governmental and public concern regarding the escalating use of section 136 of the Mental Health Act (1983) nationally and of the excessive use of police custody as a place of safety in Sussex in particular. A retrospective analysis of all detentions in Sussex during 2012 was combined with qualitative data from 37 people with lived experience of detention, as well as police, National Health Service (NHS) and allied staff and volunteers. Predominantly, police used s136 as suicide prevention (80%) when no other services or help were available. During the period of study (2013–2016), effective joint working strategies, such as the street triage pilot, were able to reduce the overall rates of s136 detentions and to increase access to NHS place of safety suites markedly. Although the research acknowledges idiosyncratic local factors which contribute to the high rate of detentions across Sussex, the results have wider implications for national policy and practice.
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Daly, Oscar E. "Detention – the grey area." Psychiatric Bulletin 13, no. 1 (January 1989): 12–13. http://dx.doi.org/10.1192/pb.13.1.12.
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In September 1978 the Government published a review of the Mental Health Act (1959). This review was prompted to a large degree by an increasing awareness of the rights of the mentally ill and by an awareness among psychiatrists of the limits of their management procedures. The proposals of this review were largely incorporated into the Mental Health Act (1983). Among the proposals so incorporated was one that persons could not be detained in hospital against their will for assessment or treatment “by reason only of promiscuity or other immoral conduct, sexual deviancy or dependence on alcohol or drugs”.
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Musiichuk, Maria, and Elizaveta Shuleva. "The Dynamics of Mental States of People Under Investigation." Всероссийский криминологический журнал 12, no. 6 (December 24, 2018): 874–84. http://dx.doi.org/10.17150/2500-4255.2018.12(6).874-884.
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The relevance of the results of this empirical research is based on a number of factors. Firstly, the knowledge of the causes and dynamics of different psychological states makes it possible to single out psychological patterns emerging in similar circumstances, accurately predict the behavior of the person under investigation, identify atypical situational or accidental conditions, and avoid mistakes in their description. Secondly, the study of mental states of a person deprived of liberty is valuable for the organization of the whole correctional process and the development of recommendations on preventing the destructive behavior of persons under investigation when it is caused by their mental state. The study touches upon little-studied issues of changes in the mental states of persons put in the temporary detention facilities. The analysis of the obtained data showed that longer periods spent in detention facilities lead to such negative changes in mental states of people under investigation as an increase of unmotivated anxiety, psycho-emotional tension, emotional lability, irritation, sadness, boredom, low spirits, poor well-being and activity, inmates develop sensory deprivation, frustration, hypoxia, and a deeper depression. At the same time, there is an increase in sociability, activity, and extraversion. Limitation of the freedom of actions and motor activity is compensated by a considerable increase in verbal activity, there is a greater desire for a trustful and open interaction with other people, a growth in self-criticism. To satisfy the need for communication and verbal activity, it is necessary to give people under investigation a chance to meet representatives of different religious denominations and the detention facility’s psychologist. After longer periods of detention persons under investigation begin to express characteristics typical of criminal behavior: boldness, inappropriate familiarity, tendency to take risks, resourcefulness, impatience, maximalism, love of freedom, courage and decisiveness. Time spent in a detention facility is most effective for optimizing the mental state of persons under investigation, developing constructive scenarios of serving a sentence and future successful re-socialization. When persons under investigation are transferred to penal colonies, their mental state is predicted to deteriorate.
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Tretiak, Yuliia, and Alina Kysil. "Regulatory frameworks and experience in designing interiors and equipment of premises for holding persons in isolation." Current problems of architecture and urban planning, no. 68 (March 29, 2024): 349–66. http://dx.doi.org/10.32347/2077-3455.2024.68.349-366.
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The article highlights the acute problem of the formation of architectural and object-spatial environments of penitentiary institutions in Ukraine. Today the correctional system in the state is improving and bringing Ukrainians closer to a safer and more tolerant society, but the problem of functioning of existing places of detention remains. Predominantly they are morally and materially obsolete buildings with problems of compliance with technical, sanitary, and hygienic standards, as well as the unsatisfactory functional and aesthetic organization of space. The article considers the problems of harmonizing the architectural environment of domestic correctional complexes, in particular, the design of interiors and furnishing of premises for the detention of persons deprived of their liberty. There is no objection that the complex design of a correctional facility building and interior design of premises for the detention of arrested (imprisoned) persons should be based on versatile requirements reflected in the normative documentation. Today in Ukraine there is a development of normative construction documentation for the design of premises for the detention (accommodation) of persons subject to isolation, based on the current state documents of the Ministry of Internal Affairs of Ukraine, the National Police of Ukraine, the State Migration Service and the like. This rather wide range of documents, relying in turn on international provisions, puts forward requirements not only for the design of sites and buildings for the detention of persons in isolation but also for a certain interior design and equipment of the premises. The study and analysis of the available examples of world experience in the design and construction of penitentiary institutions can show a direct link between the design of the premises where prisoners are kept and the methods of re-socialization and re-education, the positive results of which are an important goal of the functioning of such institutions in socio-economically developed countries. The experience of designing, constructing, and operating foreign prisons and correctional centers of various security levels has been studied and analyzed, and the peculiarities of interior design and equipment of premises (cells) for the detention of the contingent have been revealed. It was found that the more qualitative the process of socialization in a safe and humane environment of places of deprivation of liberty, the lower the percentage of recidivism achieved under the influence of this environment, the higher the justification of state expenditures in this subsidized sphere. The article highlights several regulatory requirements and provides recommendations on the formation of a subject-spatial environment for the detention of persons in correctional institutions in Ukraine. The result of this research can be several conclusions, guided by which, it is possible to form a full-fledged object-spatial environment for the detention of prisoners (arrested) in a correctional institution, as well as to design interiors and furnishings for the staff, whose work is difficult and stressful.
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Vershinina, S. I. "On the excessive use of detention." Juridical Journal of Samara University 9, no. 3 (October 10, 2023): 18–24. http://dx.doi.org/10.18287/2542-047x-2023-9-3-18-24.
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Based on the statistical data on the use of preventive measures presented on the website of the Judicial Department at the Supreme Court of the Russian Federation, the article examines the reliability of allegations of excessive use of detention and insufficient use of non-isolation preventive measures. By comparing the indicators that reveal the total number of defendants whose criminal cases were sent to the court of first instance and the number of application of “judicial” preventive measures in pre-trial and trial proceedings, the number of persons against whom preventive measures not related to isolation were applied is determined and a conclusion is made on the sufficient use of preventive measures alternative to detention. Discussing the thesis about the excessive use of detention, the author focuses on the ratio of the number of convicts to actual imprisonment and the number of accused in custody. Allegations about the excessive use of detention are reliable only in cases where the number of accused in respect of whom a measure of restraint was applied exceeds the number of persons sentenced to real imprisonment.
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Švedas, Gintaras, and Justyna Levon. "Pre-Trial Detention and It‘s Alternatives in Lithuania, Estonia, Romania and Slovakia." Štát a právo 10, no. 4 (February 7, 2024): 189–209. http://dx.doi.org/10.24040/sap.2023.10.4.189-209.
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The article deals with the regulation of grounds and duration of the pre-trial detention, as well as its alternative measures during pre-trial investigation stage in Estonian, Lithuanian, Romania and Slovak law. In addition, the article compares the available statistical data on the application of pre-trial detention and its alternative measures in the mentioned countries, as well as evaluates the significance of the trends of pre-trial detention and its alternative measures to the total number of imprisoned persons.
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Dorosh, E. Yu. "Detention and inspection of persons during operational search activities." Право и государство: теория и практика, no. 5 (2022): 125–28. http://dx.doi.org/10.47643/1815-1337_2022_5_125.
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Vernick, JD, MPH, Jon S., Maxim Gakh, JD, MPH, and Lainie Rutkow, JD, PhD, MPH. "Emergency detention of persons with certain mental disorders during public health disasters: Legal and policy issues." American Journal of Disaster Medicine 7, no. 4 (September 1, 2012): 295–302. http://dx.doi.org/10.5055/ajdm.2012.0102.
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Public health emergencies (disasters) are associated with mental health conditions ranging from mild to severe.When persons pose a danger to themselves or others, a brief emergency detention allows a mental health assessment to determine if a lengthier involuntary civil commitment is needed. Involuntary commitment requires participation of the civil justice system to provide constitutionally mandated due process protections. However, disasters may incapacitate the judicial system, forcing emergency detainees to be prematurely released if courts are unavailable. The authors review state laws regarding emergency detention of persons deemed a potential mental health-related danger. Although some states are well prepared for the dual impact of disasters on mental health and the court system, important gaps exist.The authors recommend that state laws anticipate the need for brief extensions of emergency detention periods without court participation. States should also include mental health considerations in their disaster preparedness plans for the court system.
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Seet, Matthew. "Strengthening the Protection of Stateless Persons from Arbitrary Detention in Immigration Control Proceedings." European Journal of Migration and Law 17, no. 2-3 (June 24, 2015): 273–86. http://dx.doi.org/10.1163/15718166-12342081.
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There is a growing movement (globally and in Europe) addressing statelessness, and the July 2014 decision of Kim v Russia illustrates the role of the Strasbourg Court as a guardian of one of the most important fundamental rights of the ‘legally invisible’ in Europe. The court held that Russia’s two-year detention of a stateless person with a view to expulsion violated his right to liberty and security under Article 5(1) of the European Convention of Human Rights. This comment argues that Kim v Russia represents an important step forward by the Strasbourg Court in safeguarding the stateless person’s right to liberty and security of person under echr doctrine, by highlighting and addressing the special vulnerability of stateless persons to prolonged, indefinite and cyclical detention in immigration control proceedings, although the court should have gone further and indicated general measures explicitly recommending for Russia to introduce statelessness determination procedures.
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Akhtar, Zia. "Detention Before Deportation: Merits Based Review, and the Need for More Oversight of Vulnerable Detainees." European Public Law 26, Issue 2 (June 1, 2020): 265–86. http://dx.doi.org/10.54648/euro2020044.
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Сенатов, А. В. "Some problems of normative legal regulation of separate detention of suspects and accused of committing crimes in pre-trial detention centers of the penal system." Vestnik Kuzbasskogo instituta, no. 4(49) (December 20, 2021): 116–21. http://dx.doi.org/10.53993/2078-3914/2021/4(49)/116-121.
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В статье рассмотрены порядок и особенности раздельного содержания категорий лиц, содержащихся в следственных изоляторах уголовно-исполнительной системы. Автором выделены классификационные признаки, на основании которых осуществляется раздельное размещение лиц по камерам отдельно друг от друга, а также предложено авторское определение данного понятия. Кроме того, проанализированы международные нормативные правовые акты и российское законодательство, регулирующее вопросы раздельного содержания отдельных категорий лиц в местах содержания под стражей, и выявлены некоторые проблемы нормативного правового регулирования данного направления деятельности. В заключение автором предложены изменения в Федеральный закон от 15.07.1995 № 103-ФЗ «О содержании под стражей подозреваемых и обвиняемых в совершении преступлений». При написании статьи автором проанализирован значительный объем научной литературы, статистические данные по данной проблематике, проведен опрос оперативных сотрудников, проходящих службу в следственных изоляторах уголовно-исполнительной системы. Методологическую основу проведенного исследования составили методы познания объективной действительности, среди которых — анализ и синтез, логический, сравнительно-правовой, а также метод экспертных оценок. The article considers the procedure and features of separate detention of categories of persons held in pre-trial detention centers of the penal enforcement system. The author identifies the classification features, on the basis of which the separate placement of persons in cells is carried out separately from each other, and also offers the author's definition of this concept. In addition, international regulatory legal acts and Russian legislation regulating the issues of separate detention of certain categories of persons in places of detention are analyzed and some problems of regulatory legal regulation of this area of activity are identified. In conclusion, the author proposes amendments to the Federal Law No. 103-FZ of July 15, 1995 “On the detention of suspects and accused of committing crimes”. When writing the article, the author analyzed a significant amount of scientific literature, statistical data on this issue, conducted a survey of operational employees serving in pre-trial detention centers of the penal enforcement system. The methodological basis of the research was made up of methods of cognition of objective reality, among which it is necessary to distinguish analysis and synthesis, logical, comparative-legal, as well as the method of expert assessments.
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Milović, Marko. "Impact on witnesses, accomplices or concealers as grounds for detention (dilemmas and possible abuses in practice)." Megatrend revija 19, no. 1 (2022): 97–108. http://dx.doi.org/10.5937/megrev2201097m.
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The impact on witnesses, accomplices or cover-ups is one of the most common grounds for detention. For years and decades, these provisions did not change because they were considered clear and unambiguous. However, there are situations in which this basis can be questionable when deciding on determining, extending or abolishing the detention of the accused. For example, what good is it that a defendant who is in custody cannot influence witnesses, when his family, friends, lawyers, etc. can do so. The epilogue is the same, which is that the impact on witnesses, accomplices or cover-ups still exists, but not by the defendant, but by the above persons, which essentially discourages the defendant from being in custody. Seemingly indisputable legal provisions on detention even though they exist for decades have their shortcomings, which are therefore subject to different interpretations and abuses. The loss of freedom, even if it is temporary, must not be a consequence of existing provisions and the facilitation of detention of persons prosecuted. After all, because of such behaviour by the courts, Serbia as a state pays millions in damages to those individuals in the name of unfounded detention. Therefore, the impact on witnesses, accomplices or concealers as grounds for determining and prolonging detention should be very restrictive. On the dilemmas and problems related to this basis, judicial practice has not been "addressed" for decades, nor has it given any significance, nor has there been any interest, finding that all provisions in Article 211 are completely acceptable and understandable to the ZKP.
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Torrey, Philip. "Rethinking Immigration’s Mandatory Detention Regime: Politics, Profit, and the Meaning of “Custody”." University of Michigan Journal of Law Reform, no. 48.4 (2015): 879. http://dx.doi.org/10.36646/mjlr.48.4.rethinking.
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Immigration detention in the United States is a crisis that needs immediate attention. U.S. immigration detention facilities hold a staggering number of persons. Widely believed to have the largest immigration detention population in the world, the United States detained approximately 478,000 foreign nationals in Fiscal Year 2012. U.S. Immigration and Customs Enforcement (ICE), the agency responsible for immigration enforcement, boasts that the figure is “an all-time high.” In some ways, these numbers are unsurprising, considering that the United States incarcerates approximately one in every one hundred adults within its borders—a rate five to ten times higher than any other Westernized country. An immigration law, known as the mandatory detention statute, is partially to blame for this recordbreaking immigration detention population. Under this law, facilities may hold noncitizens without providing them an opportunity to ask for release.
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Szmukler, George. "Involuntary Detention and Treatment: Are We Edging Toward a “Paradigm Shift”?" Schizophrenia Bulletin 46, no. 2 (January 5, 2020): 231–35. http://dx.doi.org/10.1093/schbul/sbz115.
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Abstract Recent challenges to conventional mental health laws concerning involuntary detention and treatment of persons with a mental disorder have led to proposals, or indeed an insistence, that fundamental reform is necessary. A key theme has been the need to eliminate unfair discrimination against people with a mental disorder because their human rights are not respected on an equal basis with other people. Some proposals depart radically from conventional assumptions concerning the justification of involuntary detention and treatment. One is a “fusion law,” a generic law applying to all persons lacking the ability to make a treatment decision, whether resulting from a “mental” or “physical” illness. An authoritative interpretation of the UN Convention on the Rights of Persons with Disabilities (2006) goes so far as to maintain that involuntary interventions are a violation of the Convention.
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Blinkova, Elena V. "Certifi cation of Proxies of the Persons Placed in Detention Facilities by the Detention Facility Heads." CRIMINAL-EXECUTORY SYSTEM: LAW, ECONOMICS, MANAGEMENT 3 (May 11, 2017): 5–8. http://dx.doi.org/10.18572/2072-4438-2017-3-5-8.
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Drassinower, Abraham. "A Person Suffering: On Danger and Care in Mental Health Law." University of Toronto Law Journal 73, no. 4 (October 1, 2023): 381–425. http://dx.doi.org/10.3138/utlj-2022-0043.
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The law of mental health authorizes involuntary detention in a psychiatric facility, in the absence of wrongdoing, of competent persons suffering from mental disorder likely to result in harm. Some jurisdictions are said to justify detention exclusively on the basis of danger prevention alone, thus predicating any ensuing treatment on the detainee’s categorical dignitary right to refuse treatment even while detained. Other jurisdictions are said to justify detention also on the basis of the detainee’s need of treatment, thus rendering the authorization to detain as a concomitant authorization to apply compulsory treatment. This article argues that ‘dangerousness’ is conceptually insufficient to justify detention in a psychiatric facility. If danger prevention per se were the only purpose of detention, then a psychiatric facility could perhaps be viewed as a permissible, but certainly not as the necessary, locus of authorized detention. Two propositions follow from this observation. The first is that need of treatment, in addition to danger prevention, must be a criterion of mental health law detention. The article formulates this proposition through a detailed reading of the detention provision in the Ontario (widely regarded as a ‘dangerousness’ jurisdiction) Mental Health Act and relevant case law. The second proposition is that, as much as the right to refuse treatment, regular and ongoing access to treatment is, therefore, a necessary condition of the justifiability, if any, of mental health law detention. The article develops this proposition through analysis of recent Ontario case law on the constitutionality of mental health law detention. The upshot is that failure to offer treatment is as inconsistent with constitutionally recognized liberty interests as the imposition of treatment in the absence of consent. By way of conclusion, the article focuses on what might be called the turn to criminal law to elaborate and affirm, by analogy, the rights of mental health law detainees. The article suggests that, while helpful, the turn to criminal law, because it brings into relief the dimension of danger to others, may also obscure the specific conceptual core of mental health law addressing danger to self.
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Maylea, Chris, and Asher Hirsch. "The right to refuse: The Victorian Mental Health Act 2014 and the Convention on the Rights of Persons with Disabilities." Alternative Law Journal 42, no. 2 (June 2017): 149–55. http://dx.doi.org/10.1177/1037969x17710622.
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This article considers how the Victorian Mental Health Act 2014 extinguishes the right of people with a mental illness to refuse treatment in light of the Convention on the Rights of Persons with Disabilities, which prohibits detention or compulsory treatment on the basis of a person’s disability. Three possible resolutions of this inconsistency are proposed and considered: repealing the Mental Health Act 2014, de-linking disability from compulsory treatment, and maintaining legal capacity by supporting mental capacity.
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Bermejo, Rut. "From Irregular Stay to Removal through Detention: The Case of Spain as a Member State of the European Union." Migration Letters 15, no. 3 (July 7, 2018): 321–32. http://dx.doi.org/10.33182/ml.v15i3.355.
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The fight against human smuggling and irregular migration is a worldwide priority. Removal of persons irregularly living in a European country is said to be an instrument to deter irregular migration. In this context, detention to secure removal of those who enter or stay irregularly is proclaimed to be an effective instrument in European policies. However, in the case of Spain, data collected and in-depth interviews show that detention of irregular/smuggled immigrants has a minor effect on the number of removals fulfilled. Thus, the idea that detention can work not only to increase return effectiveness but also as a deterrence measures seems to be unreal.
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Rudnev, Vladimir. "SOME PROBLEMS OF DETAINEES AND PERSONS’ SENTENCED TO IMPRISONMENT NUMBER REDUCING IN THE RUSSIA FEDERATION." Administrative and Criminal Justice 1, no. 86 (March 31, 2019): 61. http://dx.doi.org/10.17770/acj.v1i86.4222.
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Some aspects оf criminal policy related to the number of detainees and persons convicted to imprisonment have been disclosed in the paper. The repressiveness’s increase of the Russian Federation Criminal code, which was adopted in 1996 has been discussed. The author has concluded that there is a necessity in reducing of the number of detainees and persons convicted to imprisonment in the Russia Federation. The negative consequences of detention and serving a sentence in jail have been emphasized. Courts’ work on the application of a preventive measures in the form of detention have been analyzed. The shortcomings of the Russian Federation of criminal-procedural legislation have been pointed out. The author pays attention on the extension of detention periods. It is concluded that there is necessity in strengthening of the court power. It is proposed to develop specialization of judges. The suggestion about introducing of the position of penitentiary judge has been supported. The decisions of European Court of Human Rights are provided. The suggestions for improvement of some federal laws are made. It is proposed to adopt a law about probation.
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Pejic, Jelena. "Procedural principles and safeguards for internment/administrative detention in armed conflict and other situations of violence." International Review of the Red Cross 87, no. 858 (June 2005): 375–91. http://dx.doi.org/10.1017/s1816383100181408.
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AbstractDeprivation of liberty for security reasons is an exceptional measure of control that may be taken in armed conflict, whether international or non-international. Administrative detention of persons believed to represent a threat to State security is also being more and more widely practised outside of armed conflict situations. This paper argues that both internment and administrative detention are insufficiently elaborated from the point of the view of the protection of the rights of the persons affected. Drawing on international humanitarian law and on human rights law and standards, the paper proposes a set of procedural principles and safeguards that should — as a matter of law and policy — be applied as a minimum to all cases of deprivation of liberty for security reasons.
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Stafeckis, Jānis, and Agris Labanovskis. "PROCEDURAL DOCUMENTS DESIGN PROBLEMS IN ADMINISTRATIVE CASE TO OFFICIALS OF THE STATE BORDER GUARD." BORDER SECURITY AND MANAGEMENT 2, no. 7 (July 5, 2018): 154. http://dx.doi.org/10.17770/bsm.v2i7.3478.
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In the paper, the main problems and conflicts that arise and could arise in the administrative cases are reflected, including various procedural documents. The authors describe the main problems in the work of State Border Guard employees in drafting administrative protocols of offenses, administrative detention protocols, inspection protocols, accepting explanatory persons, explaining human rights. The paper also identifies the main factors, why the State Border Guard has a relatively high percentage of appealed procedural documents. The article compares some of the norms of the Latvian Code of Administrative Offenses and some provisions of the Constitution which, in the opinion of the authors, are contradictory. These norms relate directly to the administrative detention of persons and the free movement of persons. The work is mainly based on the problems related to the completion of procedural documents that are ascertained by interviewing employees of the State Border Guard, who are directly involved in the review of administrative cases.
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Karavaev, I. V., A. N. Kimachev, V. V. Prokudin, S. N. Suharev, and S. N. Matulis. "Features of the design and construction of pre-trial detention centers in Russia, taking into account environmental standards." E3S Web of Conferences 217 (2020): 01011. http://dx.doi.org/10.1051/e3sconf/202021701011.
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Pre-trial detention of persons accused of committing a criminal offense is an integral measure in the justice system of any state. In most countries, there are specialized institutions for maintenance of this category of citizens. In Russia, they are called pre-trial detention centers. Such institutions belong to the penitentiary systems. By isolating a potential offender, pre-trial detention centers perform several tasks: 1) exclude the possibility of persons to hide from the investigation and the court; 2) make it impossible for them to continue criminal activities; 3) maximally complicate their obstruction of establishment of truth in a criminal case. Implementation of these tasks is facilitated to the maximum extent by proper design and construction of pre-trial detention centers, competent placement of facilities, security buildings and premises, optimal use of special gratings, doors and locks. The article deals with the regulation of design and construction standards of pre-trial detention centers by Russian legislation. The authors analyze the experience of penitentiary systems of foreign states, as well as the norms in force in Russia, highlighting strengths and weaknesses. The actual double subordination is established in solving the current problem. On the one hand, the department executing the preliminary report, on the other, the department organizing and controlling design and construction of institutions executing preventive measure. Such inconsistency creates problems in practical application of provisions of existing norms, leads to errors and, as a result, inadequate performance of isolation of suspects and accused of committing crimes. Based on the results of the study, it was proposed to create a unified legal document regulating the procedure for design and construction of pre-trial detention centers. There is a need to exclude the listed issues from provisions of documents not related to design and construction sphere. This will provide proper, common understanding of existing problems and their faster resolution.
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Euvrard, Elsa, and Chloe Leclerc. "Pre-trial detention and guilty pleas: Inducement or coercion?" Punishment & Society 19, no. 5 (October 4, 2016): 525–42. http://dx.doi.org/10.1177/1462474516670153.
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This article examines why accused persons in pre-trial detention decide to plead guilty. Relying on the understanding of coercion proposed by Brunk, the article go beyond his analysis to show how pre-trial detention can exert pressure on an accused individual, who then feels coerced into pleading guilty. Interviews with 12 accused and 12 lawyers showed that in certain situations pre-trial detention can be a source of coercion, particularly if there are lengthy procedural delays and eventual sentences can be expected to be fairly short. However, there are other situations in which custodial remand acts as an inducement rather than as coercion or does not exert any pressure on the accused.
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Zhenetl’, Svetlana Z., and Yulia R. Sirazitdinova. "On the Award of Compensation for Violation of the Conditions of Detention and Detention in a Correctional Institution in Civil and Administrative Proceedings." Rossijskoe pravosudie, no. 11 (November 25, 2022): 26–35. http://dx.doi.org/10.37399/issn2072-909x.2022.11.26-35.
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The article deals with compensation for violations of conditions of detention and in a correctional institution. The relevance of this problem is due to the fact that a new rule has been introduced into the Code of Administrative Procedure of the Russian Federation that protects the constitutional rights of persons limited by law in freedom from illegal actions of state authorities. The authors analyzed Russian law and judicial practice on the issues of awarding compensation to persons limited in freedom, according to the rules of administrative proceedings and civil proceedings. In conclusion, it is concluded that the material norms of civil law on compensation for moral damage for violation of conditions of detention are general in relation to Art. 227.1 of the Code of Administrative Procedure of the Russian Federation.
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de Zayas, Alfred. "Human rights and indefinite detention." International Review of the Red Cross 87, no. 857 (March 2005): 15–38. http://dx.doi.org/10.1017/s1816383100181172.
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AbstractInternational human rights law abhors a legal black hole. It applies wherever a State exercises its jurisdiction, not only in peacetime but also during armed conflict, as a compliment to humanitarian law. The deprivation of liberty is subject to certain conditions, and even initially lawful detention becomes arbitrary and contrary to law if it is not subject to periodic review. Indefinite detention is incompatible with Article 9 of the International Covenant on Civil and Political Rights. While temporary derogation from this provision is allowed in Article 4 of the ICCPR, such derogation is only possible “in time of public emergency which threatens the life of the nation” and “to the extent strictly required by the exigencies of the situation” Persons deprived of their liberty are entitled to a prompt trial or release, and in cases of arbitrary detention, they are entitled to compensation. Neither the war on terror nor restrictive immigration policies justify indefinite detention.
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Campbell, Tom D. "Mental Health Law: Institutionalised Discrimination." Australian & New Zealand Journal of Psychiatry 28, no. 4 (December 1994): 554–59. http://dx.doi.org/10.1080/00048679409080778.
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The aim of the paper is to propose that special mental health laws be replaced by generic protection and prevention legislation. The arguments used for the detention and compulsory treatment of persons with mental illnesses are analysed, and found not to justify protection and prevention rules which apply only to persons with mental illnesses. Two separate systems of legal intervention should be established to deal with (1) all persons in need of compulsory care and (2) all persons who require to be detained for the prevention of harm to others.
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Novodon, Vladimir V. "Legal basis for the operational and official activities of criminal investigation officers in the disclosure of crimes, existing problems and ways to solve them." Law Нerald of Dagestan State University 43, no. 3 (2022): 160–68. http://dx.doi.org/10.21779/2224-0241-2022-43-3-160-168.
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The article defines the main of the problems arising in the course of the operational activities of criminal investigation officers, related to the detention of persons in respect of whom there are grounds to believe that they have previously committed a crime. Purpose: to find ways to solve it, the implementation of which will entail an increase in the efficiency in the work of employees of operational units directly related to combating crime. Methodological basis – analysis of the causes and conditions of the existing gap in the law. Study of the practice of police officers related to the detention of persons against whom there are grounds to believe that they were involved in the commission of a crime, in terms of the application of the Code of the Russian Federation on Administrative Offenses. Analysis of the legality of the use of physical force and special means during the implementation of the so-called operational detention. The totality of the use of the so-called operational detention. operational and organizational methods contribute to the rapid receipt of data on the regulation of the work of officials of the Ministry of Internal Affairs of Russia. Results: On the basis of the data obtained, a number of organizational and legislative measures have been identified that contribute to the expansion of the powers of the criminal investigation officer. Conclusions: the full implementation of the duties assigned to the criminal investigation officer to combat crime is impossible without giving the employees of this unit the right to promptly detain persons in respect of whom there is information about their involvement in a previously committed crime. The adoption of a regulatory legal act amending the current legislation will contribute both to increasing efficiency in work and eliminating the conditions for bringing these employees to justice in connection with the abuse of power.
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Mancano, Leandro. "Storming the Bastille: Detention conditions, the right to liberty and the case for approximation in EU law." Common Market Law Review 56, Issue 1 (February 1, 2019): 61–90. http://dx.doi.org/10.54648/cola2019004.
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In recent years, detention conditions in the EU have come in the spotlight as an issue of extreme relevance. Concerns about appalling standards of living in places of deprivation of liberty have emerged transversally in the area of freedom, security and justice (AFSJ). The risk that poor detention conditions result in inhumane or degrading treatment – prohibited by Article 4 of the EU Charter of Fundamental Rights (CFREU) – has served to limit the operation of secondary EU law. This has occurred in the framework of forced movement of persons as between Member States, and has mainly called into question the level of protection ensured in the State where the person will be transferred. This may hold true for both asylum law and mutual recognition in criminal matters. While the broader debate on detention conditions has hitherto focused on Article 4, the impact on the right to liberty under Article 6 CFREU has been underexplored. This paper submits that detention conditions must be studied from the perspective of the right to liberty, and makes the case for approximation of detention conditions at EU law level.
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Simonovic, Perisa, Milutin Nenadovic, and Dragana Momcilovic. "Reasons and conditions for involuntary hospitalization with special emphasis on detention without consent of mentally disordered person who voluntarily started hospital treatment." Srpski arhiv za celokupno lekarstvo 139, suppl. 1 (2011): 21–25. http://dx.doi.org/10.2298/sarh11s1021s.
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The nature of some mental illness is such that persons affected by their conduct endangering life, health and safety, as well as life, health and safety of others from their surroundings. These persons, because of their mental condition, are often unable to properly assess their own interest. Because of the above it is permitted for these persons, under certain circumstances, to be forcibly hospitalized against their will. However, the problem of involuntary hospitalization of persons with mental disorders remains a controversial and complex ethical and legal problem, because it is characterized by a conflict of opposing interests and moral values. The main reason is the fact that involuntary hospitalization is an act of deprivation of liberty and intervention into the personal integrity, which at that the measure is taken against the individual who has not committed any crime. In order to provide restricted approach to the application of compulsory hospitalization, it is necessary to pass a legislation on the protection of persons with mental disorders that would more closely define the undertaken proceedings, reasons and conditions for involuntary detention and involuntary hospitalization in a psychiatric institution, forced detention of voluntarily hospitalized persons and penal policy violation of this law. It is necessary to initiate the procedure for amending the Law on Contested Procedure, which would reform the procedure for compulsory hospitalization, as an important segment of mentally disordered persons? rights, in order to be in accordance with international and European standards within this field.
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Teteriatnyk, H. K. "PREVENTIVE DETENTION: LEGAL REGULATION ISSUES." Herald of criminal justice, no. 1-2 (2023): 96–107. http://dx.doi.org/10.17721/2413-5372.2023.1-2/96-107.
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It is proved that preventive detention is one of the specific measures to ensure criminal proceedings, which was introduced in connection with the beginning of the anti-terrorist operation in Ukraine. It is stated that the existing gaps and inconsistencies in the legislation on preventive detention create significant risks of human rights violations, as well as reduce the effectiveness of ensuring the rights of persons to whom it can be applied, create preconditions for declaring evidence inadmissible. The purpose of the article is to obtain scientific results in the form of theoretical provisions for preventive detention and the formulation of proposals to improve existing legislation. The article analyzes the norms of the legislation governing the issue of preventive detention, draws attention to the inconsistencies of the norms of various legal acts, the existing gaps in the regulation of the grounds, terms and procedure of preventive detention. It is proved that the normative should be clearly defined: the concepts, grounds and conditions of preventive detention, its procedure. Based on the study, the author proposed amendments to the current CPC in order to improve the regulations of the institution of preventive detention. It is stated that the term “preventive detention” is not relevant to the meaning of the precautionary measure, which is understood by it. The author’s definition of “exceptional detention in the area of anti-terrorist operation / environmental protection” is offered. It is proposed to include in paragraph 2 of Chapter 18 of the CPC of Ukraine the article “Exceptional detention in the area of anti-terrorist operation / environmental protection” defining the concept, grounds and conditions of preventive detention, the procedure for obtaining permission for preventive detention, west; determination of the rights and guarantees of their realization by the detained person; the procedure for judicial control, determination of the status of property seized during a personal search and terms for its arrest.
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Bekezhanov, Ayan, Saule Saparaliyeva, Marat Zhumagulov, Yernar Begaliyev, and Daniyar Zhumagulov. "Police administrative detention." Scientific Herald of Uzhhorod University Series Physics, no. 55 (February 4, 2024): 473–81. http://dx.doi.org/10.54919/physics/55.2024.47ld3.
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Relevance. The research relevance is predefined by the need to study the legal problems of police administrative detention and, subsequently, to create an effective administrative and legal regulation of this area. Purpose. The research aims to evaluate the legal situation in the field of legislative regulation of police use of administrative detention in the Republic of Kazakhstan and to develop recommendations for improvement of legislation in this area. Methodology. To reach the aims, such methods as dialectical, comparative-legal, method of induction and deduction, analysis and synthesis, and functional method were used. Results. The features of administrative-legal regulation of administrative detention in the Republic of Kazakhstan were revealed. The legal problems in the practice of administrative detention were analyzed. The term “administrative detention” is distinguished from the related legal terms such as “delivery”, “administrative arrest”, and “criminal law detention”. Scientific provisions for improving the legal regulation of the procedure for administrative detention have been formed. Examples of different countries in the field of legislative regulation of administrative detention have been analyzed. The need to detail in the administrative legislation the procedure for administrative detention, including regulating the mechanism of detention in special premises of persons without a fixed place of residence, with certain types of diseases, as well as the procedure for the detention of minors is highlighted. Conclusions. It is concluded that the introduction of round-the-clock video surveillance in the premises where detainees are held is of great importance for the protection of their rights. The importance of balancing the public interest in security with the individual's rights to liberty and the security person is highlighted in the use of administrative detention by the police. Recommendations for improving legislation, increasing the efficiency of the practice of administrative detention, as well as the effectiveness of protection of the rights of detainees have been developed. The research results develop administrative and legal science and contribute to solving practical issues regarding the application of administrative detention by police officers.
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Пальцев, А. А. "On the legal regulation of the tactical operation “red-handed detention” in the investigation of bribery." Расследование преступлений: проблемы и пути их решения, no. 1(43) (April 17, 2024): 128–34. http://dx.doi.org/10.54217/2411-1627.2024.43.1.017.
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В статье рассматриваются вопросы, касающиеся правового регулирования тактической операции «задержание с поличным» при расследовании взяточничества. Проводится анализ нормативных правовых актов, регламентирующих порядок проведения оперативно-разыскных мероприятий и особенности использования результатов оперативно-разыскной деятельности. Предлагается дополнить статью 6 Федерального закона «Об оперативно-розыскной деятельности» оперативно-разыскным мероприятием «оперативное задержание (захват)», а также закрепить в части 1 ст. 15 Федерального закона «Об оперативно-розыскной деятельности» соответствующее право органов, осуществляющих оперативно-разыскную деятельность, изложив её в редакции, позволяющей сотрудникам правоохранительных органов Российской Федерации при проведении задержания с поличным лиц, причастных к совершению взяточничества, проводить фактическое задержание лиц, заподозренных в совершении преступлений. The article discusses issues related to the legal regulation of the tactical operation “red-handed detention” in the investigation of bribery. The author analyzes the normative legal acts regulating the procedure for conducting operational search activities and the peculiarities of using the results of operational search activities. It is proposed to supplement Article 6 of the Federal Law “On operational search activities” with the operational search measure “operative detention (capture),” as well as to enshrine in Part 1 of Article 15 of the Federal Law “On operational search activities” the corresponding right of bodies engaged in operational search. To do this, the author proposes to set out Part 1 in the wording that allows law enforcement officers of the Russian Federation to carry out the actual detention of persons suspected of committing crimes, when conducting red-handed detention of persons involved in bribery.
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Merkel, Grischa. "Incompatible Contrasts? — Preventive Detention in Germany and the European Convention on Human Rights." German Law Journal 11, no. 9 (September 2010): 1046–66. http://dx.doi.org/10.1017/s2071832200020095.
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AbstractThis article will give an overview of the idea and history of origins of preventive detention and the legal changes in the German Criminal Code that underlie the decision of the European Court of Human Rights (ECHR) (17 December 2009). It will attempt an outlook by considering the prospective outcome of future law suits against German legal statutes relating to preventive detention, and will also describe the present situation and current legal recommendations, including the much-discussed alternative of detention in psychiatric wards. The article will close with a brief comparative look at the related legal problems arising in countries with a criminal law which is based on the establishment of personal guilt of the offender while facing public pressure to detain persons for protective reasons.
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Strulea, Maria. "Compensatory remedies in the execution of life detention in comparative law." Studia Universitatis Moldaviae. Seria Stiinte Sociale, no. 3 (June 2023): 106–9. http://dx.doi.org/10.59295/sum3(163)2023_13.
Full textAbstract:
The European Court of Human Rights has consistently noted that precarious conditions of detention are contrary to Article 3 of the Convention. As a result, the criminal procedural legislation of the Republic of Moldova provided for a compensatory remedy in case of finding the circumstances provided in article 4732 par. (3) of the Code of Criminal Procedure. Thus, in the event of such circumstances, the court orders the reduction of the custodial sentence and, regarding the remaining period, orders, as compensation, the payment in favor of the convict of a sum of money for each day in which the convict suffered a violation of conditions of detention. The question is whether compensatory remedies for inhuman conditions of detention are applicable to persons sentenced to life imprisonment.
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Drozd, V. G. "Detention of a person committed a criminal offence: criminal procedural and forensic characteristics." Bulletin of Kharkiv National University of Internal Affairs 101, no. 2 (P. 1) (July 2, 2023): 201–12. http://dx.doi.org/10.32631/v.2023.2.19.
Full textAbstract:
The features of detention of a person who has committed a criminal offence are analysed. The main features of the legal nature of the relevant institution in the system of pre-trial investigation of criminal offences are presented, and also the idea of the main range of problematic issues arising in the course of implementation of the relevant provisions of law is summarised. The author provides arguments on the procedural grounds for applying detention of a person committed a criminal offence, and also outlines the main forensic (general and special) features of its implementation.
Detention of a person who has committed a criminal offence is a temporary measure of restraint applied on the grounds and in accordance with the procedure established by the CPC of Ukraine by an authorised official (police officers, military personnel and other persons authorised by relevant laws to carry out detention) in respect of a person committed a criminal offence (i.e. an act for which the main penalty is a fine of not more than three thousand tax-free minimum incomes or other punishment not involving imprisonment). The detention of a person who has committed a criminal offence should be distinguished from administrative detention, as they differ in the grounds, terms and procedure. The practice of using administrative detention for the purposes of criminal proceedings is unacceptable, as the European Court of Human Rights has repeatedly pointed out.
Prospect for the further research is the need to analyse the measures of restraint used during the pre-trial investigation of criminal offences, as well as to clarify the existential content and essence of the relevant institution, and its importance for the criminal justice system in general.