PREVENTIVE MEASURE IN THE FORM OF DETENTION: GROUNDS FOR APPLICATION

Abstract

Based on the analysis of criminal procedural legislation, the article examines the grounds for applying a preventive measure in the form of detention. The author examines the legislation and court practice on this issue, and studies the criteria for determining and classifying the grounds for applying custody.

The author concludes that the grounds for making a decision on detention should not be considered to be the availability of sufficient data confirming the need for its use, but rather the proof of certain factual circumstances which prompt such a decision.

Detention is applied if there is a reasonable conclusion (suspicion) that a certain person is involved in a criminal offence, and also makes it possible to predict the future possible negative behavior of the suspect or accused if he or she is left at large during pre-trial or trial proceedings.

Only a comprehensive application of the grounds and conditions of detention provided for by the CPC of Ukraine can objectively facilitate the adoption of this procedural decision and ensure the exercise of the rights and freedoms of a person held criminally liable.