Full text of the paper:
Collected Papers of the Faculty of Law, University of Novi Sad
2018, vol. LII, No. 2, pp. 775-798
Language of the paper: English
Review Article
udk: 343.126.1
doi: 10.5937/zrpfns52-18841
Author:
Katarina Živanović, Ph.D. Student
University of Novi Sad
Faculty of Law Novi Sad
kaca_zivanovic@yahoo.com
Abstract:
The foundations of the contemporary, democratic society which are based on the principle of justice protection of the fundamental societal values and the rule of law, designate free and unhindered implementation of the proclaimed human rights and freedoms as the postulation of its order. Howewer, in certain cases, in order to acomplish the criminal law protection of the societal values, it is necessary to digress from the rights and freedoms that are guaranteed both on the national and internatonal level, whenever this is justified of course. Within the constitutions of modern countries, such limitations are mostly being brought down only to certain “exceptional” cases in strongly standardized conditions. Therby we face an exception from the proclaimed right to personal freedom, where such limitation is allowed to certain extent and purpose without interfering in the essence of the guaranteed rights, during the proceedings and in cases that are determined by the law. Limitation of the freedom of movement of a suspect is being designated by a resolution in written form established by the responsible judicial authority, primarily in order to conduct criminal proceedings. Nevertheless, in order to achieve the efficiency of a criminal proceedings and to support the decisive fight against the criminality, the right to limit the freedom of movement in a form of arrest and keeping in custody has been granted to the other State Authorities as well.
Keywords:
limitation of the freedom of movement, a suspect, the police, an arrest, a detension.