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Former prosecutor Eugen Beci has commented on the decision taken by the High Court regarding pre-trial detention. Beci said that the decision is a signal to show that the security measure "Arrest with prison" has been used abusively.
According to him, this measure has often been applied automatically, without in-depth analysis of each individual case. He stressed that detention should be a measure of last resort and not a common standard, adding that courts have often used general formulas without individualizing concrete cases.
According to him, the Supreme Court's decision reminds courts that they must clearly argue why alternative measures are not sufficient.
"It is not a strong signal, it is simply a signal. A strong signal would be to amend the Criminal Procedure Code, to define the exact measures and criteria for security measures. It is a signal to show that the security measure of arrest with imprisonment in recent years has been a measure that was imposed automatically, an accusation was enough and this measure was assigned. There has been abuse, because the security measure is an exception, not a standard. This measure has become a normality unacceptable by the Constitution and the European Convention on Human Rights. It is impossible that in assigning this measure there is no concrete evidence to prove the risk of leaving the country, destroying evidence and the fact that you may commit another criminal offense.
Courts often dealt with standard formulations without entering into the individualization of concrete cases. The Supreme Court, with its decision, told the courts that elements must be taken into account, including an explanation of why other security measures are inappropriate. Detention is not a punishment, it has often turned into a spectacle method that then turns the simple fact into a punishment, the person you take into investigation and punishes before judging him. It has become a way for justice to say I did the job because I imposed these measures. Arrest in prison is the last resort, the last security measure, arrest in prison is an element to ensure a normal investigation, it is not part of the punishment , ”he said on the show “This Week” on News24.
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