THE APPLICATION OF PRE-TRIAL DETENTION AS A MEASURE TO ENSURE THE PRESENCE OF THE ACCUSED IN CRIMINAL PROCEEDINGS ACCORDING TO THE CODE OF CRIMINAL PROCEURE OF KOSOVO

Abstract

One of the fundamental prerequisites for the progression of criminal proceedings is the participation of procedural subjects in the criminal procedure. Based on this fact, the primary responsibility falls on the justice authorities, who are obliged to ensure the presence of the accused in the procedure. Pre-trial detention is considered one of the most severe measures to secure the presence of the accused in the criminal procedure because it significantly restricts the freedom of the accused, a measure that can only be determined in accordance with the conditions specified by the Code of Criminal Procedure. Within the scope of this work, we will elaborate on the general concepts of pre-trial detention, the conditions for its imposition, its duration, the continuation of pre-trial detention, and the rights of pre-trial detainees. The Code of Criminal Procedure has envisaged the implementation of pre-trial detention in accordance with international standards. The rationale for applying measures to ensure the presence of the accused in the criminal procedure lies in achieving the goal of preventing the delay of the criminal procedure and ensuring access to justice.