REMOVAL OF LIBERTY OF THE PERSON BEFORE FILING OF INDICTMENT ACCORDING TO CRIMINAL PROCEDURE CODE OF THE REPUBLIC OF KOSOVO
Published: 25 Aug 2014
Abstract: In all democratic countries the liberty and security of every person is secured and protected by the constitution and local laws and international conventions. Only in the cases provided by law, the man maybe deprived of liberty, but during there movable of liberty the person is entitled to all rights in accordance with domestic and international legislation. When a person is caught in act of the criminal offense, the police and any other person is authorized to arrest temporarily, but if the arrest is made by a person, the arrested person should immediately be submitted to the police. The State Prosecutor is competent to assess whether there is a need that temporary detention of the person to extend and if he assess to assign the detention, within 24 hours the case should be field to pre-trial judge. In case of the arrest, the person should be informed of there a sons for the arrest, and he has the right to request from the police to inform his family, he is entitled to have the defense council at once a defense council and to consult with the defense council confidentially, he has the right to a medical examination too. The police and state prosecutor in the case of temporary arrest of the person shall keep records, which indicate the time and place of arrest, reason for arrest, criminal offense which is suspected of having committed person, a notice on the rights of detainees, and other rights arrested enjoys under the law.
Keywords: liberty, security, arrest, defense ccouncil, the rights
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