| Abstract [eng] |
This master’s thesis analyzes the topic of pre-trial detention and its application issues in the context of ensuring the human right to liberty, examining relevant legislation, scholarly insights presented in doctrine and judicial practice. The application of pre-trial detention – a preventive measure that constitutes a severe restriction of the right to liberty – is permissible only in extreme cases. Therefore, the thesis identifies the standards for the lawful restriction of the right to liberty, which assist in determining the legality and justification of pre-trial detention. Furthermore, the concept of pre-trial detention and the grounds and conditions for its application are analyzed, with a focus on their practical application. The topic of this paper is also explored through the analysis of controversial examples of the practical application of pre-trial detention and the conditions under which pre-trial detention is carried out. It was found that the majority complaints filed by detainees regarding pre-trial detention are dismissed, with the courts ruling that it was ordered lawfully and justifiably. A tendency has been observed that the use of pre-trial detention is particularly prevalent in criminal cases involving certain types of crimes. Furthermore, aspects of the practical use of pre-trial detention that raise doubts regarding their compatibility with standards for ensuring the right to liberty have been identified, such as the abstract nature of the arguments cited by courts, the overemphasis on certain circumstances, or their insufficient individualization. It has also been found that courts often order pre-trial detention without first assessing the effectiveness of less severe preventive measures. Finally, it has been found that, due to its practical use, pre-trial detention in certain cases amounts to a punishment. Exceptionally long periods, which sometimes even lead to the situation where, upon counting the time spent in captivity toward the imposed sentence, the sentence is considered to have already been served, as well as the imposition of pre-trial detention by a judgment, and the use of pre-trial detention to exert pressure or merely “teach a lesson” to the detainee, indicate that the procedural purpose of pre-trial detention is not always respected. The punitive nature of pre-trial detention is also confirmed by the fact that the conditions of pre-trial detention are essentially no different from those of imprisonment. |
