Recourse against Decisions to Apply or Extend Pre-Trial Detention

According to Article 5 of the European Convention on Human Rights, “everyone deprived of his liberty by arrest or detention shall have the right to take proceedings before a court so that the court may decide within a short time on the lawfulness of his detention and order his release if his detention is not lawful.” Thus, national authorities must exercise the utmost diligence to ensure that the defendant’s right to an effective remedy is respected in the procedure for applying or replacing pre-trial detention or house arrest against the defendant. To respect all the guarantees provided for by law, the national regulatory framework must be predictable and explicit release if the detention is unlawful. Thus, national authorities must exercise the utmost diligence to ensure that the defendant’s right to an effective remedy is respected in the procedure for applying or replacing pre-trial detention or house arrest against the defendant. To respect all the guarantees provided by law, the national regulatory framework must be predictable and explicit.

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Publication Details

Journal
ACROSS Journal of Interdisciplinary Cross-border Studies
Published
2025-03-27
DOI
https://doi.org/10.35219/across.2024.4.08
Primary Topic
Criminal Law and Evidence
Type
article
Field-Weighted Citation Impact
0.00
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article

Recourse against Decisions to Apply or Extend Pre-Trial Detention

Iurie ODAGIU, Ghennadi EPURE
ACROSS Journal of Interdisciplinary Cross-border Studies
Criminal Law and Evidence
article

Recourse against Decisions to Apply or Extend Pre-Trial Detention

Iurie ODAGIU, Ghennadi EPURE
article en

Abstract

According to Article 5 of the European Convention on Human Rights, “everyone deprived of his liberty by arrest or detention shall have the right to take proceedings before a court so that the court may decide within a short time on the lawfulness of his detention and order his release if his detention is not lawful.” Thus, national authorities must exercise the utmost diligence to ensure that the defendant’s right to an effective remedy is respected in the procedure for applying or replacing pre-trial detention or house arrest against the defendant. To respect all the guarantees provided for by law, the national regulatory framework must be predictable and explicit release if the detention is unlawful. Thus, national authorities must exercise the utmost diligence to ensure that the defendant’s right to an effective remedy is respected in the procedure for applying or replacing pre-trial detention or house arrest against the defendant. To respect all the guarantees provided by law, the national regulatory framework must be predictable and explicit.

ACROSS Journal of Interdisciplinary Cross-border StudiesVol. 8(4)
"Dunarea de Jos" University of Galati (RO), Supreme Prosecutors Office of the Republic of Korea (KR)
Openalex Percentile: Top 81%
Criminal Law and Evidence
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Recourse against Decisions to Apply or Extend Pre-Trial Detention — Iurie ODAGIU, Ghennadi EPURE · ACROSS Journal of Interdisciplinary Cross-border Studies (2025) | TGRS Research Map | TGRS