Maximum Duration of the Measures of Remand Detention in Custody and House Arrest in Criminal Cases
Authors:
Yanko
Roychev
St. Kliment Ohridski University of Sofia, Bulgaria
Ekaterina
Salkova
Paisii Hilendarski University of Plovdiv, Bulgaria
Pages:
138-
162
DOI: https://doi.org/10.54664/SFJW4572
Abstract:
The maximum duration of the detention in custody and house arrest measures in criminal cases is researched. A number of issues have been considered regarding the calculation of the term and its initial and final moments, including the hypotheses related to the returning of the case to the prosecutor by the court, the taking of the measures against an accused party detained on different grounds, as well as in view of a modification of the legal qualification of the indictment, establishing a different maximum duration under Art. 63, para. 4 of the Criminal Procedure Code. An emphasis has been placed on the disputable aspect of the duration of the period in regard to underage accused parties. A necessity to introduce a maximum period of detention in custody and house arrest,including also the court phase of the trial, has been acknowledged.
Keywords:
detention in custody, house arrest, maximum duration of detention, Art. 63, para. 4 of the Criminal Procedure Code, criminal procedure, accused party, measures of remand, procedural coercive measures
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