ANALYSIS OF APPLICATION OF DETENTION WITH REFERENCE TO THE PROSECUTION IN MACEDONIAN CRIMINAL LAW

Abstract

In order to strengthen the role of the criminal justice system, especially in the prosecution of serious crime forms, including organ-ized crime, corruption, financial crime and human trafficking, detention plays an important role towards that goal though it is one of the cruelest ways of dealing with it which affects fundamental human rights. However it is also the most reliable element that the defendant will not hamper the proceedings. Detention as the strictest measure for ensuring the accused presence and successful conduct of criminal proceedings is provided with the Criminal Procedure Code and should be awarded in exceptional cases. As far as its legal identification is concerned, it is necessary to keep in mind the principle of individuality and evaluation of the specific circumstances related to the defendant and the crime he is charged with, to present argumented reasons for the award and imple-mentation of the detention. The purpose of this paper is the elaboration of the key role of detention through the study and analysis of detention in criminal proceedings and to provide guidance on its application within the law with respect of fundamental constitutional rights such as the right for freedom. Тhe purpose of the imposition of detention is to ensure the constant presence of the accused in the criminal proceedings and avoid complications unlike the opposite opinion that with this measure the accused is automatically rendered guilty.