Zatrzymanie osoby podejrzanej o popełnienie wykroczenia

Abstrakt

Detention of a person suspected of an offence is one of the harshest means of judicial duress, which interferes with the liberties of a citizen. Detention is an institution whose appropriate regulation has a major social impact. The presented article analyses the legal aspect of detention, its functions and guidelines for application, as well as the legal status of detainee, with due regard to restrictions of his or her ability to exercise procedural rights and obligations. The provisions of misdemeanour procedure regarding detention are far from perfect. They do not contain significant guarantees which would rightly secure the rights of the detainee with respect to being informed about due entitlements and the right to use a counsel for defence. The article indicates a need for legislative changes and ongoing perfection of the provisions of the Code of Misdemeanour Procedure regarding the institution of detention.