Normativni razvoj pravila o pritvoru iz ugla reforme krivičnoprocesnog zakonodavstva

Part of the ongoing reform of criminal procedure legislation, as expressed in the rules established by the Draft Law on Amendments and Supplements to the Criminal Procedure Code, includes provisions related to detention. From the standpoint of criminal procedure doctrine, human rights theory, domestic case law, and the jurisprudence of the European Court of Human Rights, the research addresses four main topics. First, the author analyzes the reason for detention related to preventing obstruction of criminal proceedings due to the gravity of the criminal offence. The paper also considers the procedure for deciding on detention, including the potential introduction of a rule requiring the mandatory hearing of the defendant regarding the reasons for extending detention before a decision is made on its extension or repeal, in connection with the defendant’s right to an effective hearing at an adversarial proceeding. The third section addresses the right of the defense to access „all evidence relevant for deciding on detention” „immediately before the first interrogation” of the suspect, in light of the right of the defense to access case files and the standards of effectively challenging the „lawfulness” of pre-trial detention. Finally, the paper explores the potential right of the injured party to be informed about the repeal of detention or the escape of the defendant from detention, in light of European legal standards on victims’ rights.