COMPARATIVE RULES ON DETENTION IN SOME COUNTRIES

Muhammad Khambali

Abstract


Detention is a form of deprivation of one's freedom of movement. Within detention there is a conflict between two principles: the right of one's human rights which must be respected on the one hand, and the interests of public order on the other side which must be maintained for the people or society of the criminal acts of the suspect or defendant. Therefore, detention should be doneif necessary once. The mistakes in detention canresult in fatalities for many parties including arrest.

Theories distinguish the validity (rechwaardigheid) and the necessity (noodzakelijkheid) of detention. The rethare (rechwaardigheid) of detention is objective and absolute, meaning that it can be seen in the laws of what deliberations can be made against the suspect or defendant. Whereas the necessity (noodzakelijkheid) of detention is relative because it determines whether or not detention is necessary to be held depending on the appraisal of the competent authority who will make the detention.

Thus a suspect or defendant from the first detention of him in the framework of the investigation to the cassation level may be held for a maximum of 400 (four hundred) days. Under Article 29 of the Criminal Procedure Code provides that the detention of a suspect or defendant may be extended again.

 

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