Reman (also known as pre-trial detention or temporary detention ) is the process of arresting someone who has been arrested and charged with a criminal offense until their trial. A person arrested and detained may be detained in a prison, or sometimes in ordinary jail. Various terminology is used, but "detention" is generally used in general law jurisdictions. Detention before the charge is referred to as detention and continued detention after confidence is referred to as a prison.
Because prison without trial contradicts the principle of presumption of innocence, in a liberal democracy pre-adjudication detention is usually subject to protection and restrictions. Usually, a suspect will only be discharged if there is a possibility that they can commit a serious crime, disrupt the investigation, or fail to appear in court. In most court cases, the suspect will be out of detention pending trial, often with restrictions such as collateral.
Video Remand (detention)
Detention before filling
The period of pre-charge detention is the period of time during which a person may be detained and questioned by the police before being charged with a violation. Not all countries have such a concept, and in those who do so, the period in which a person can be held without charge varies by jurisdiction.
The prohibition of prolonged, no-cost detention, Czech Republic
According to Article 8 of the Charter of Fundamental Rights and Fundamental Freedoms of the Czech Republic, which has the same legal status as the Czech Constitution, a suspect shall be immediately familiarized on the basis of detention, shall be interviewed and within 48 hours either freed or charged and handed over to court. The court then has more than 24 hours to ask the detainee, or to release the detained person.
Detailed rules on detention are included in the Criminal Procedure Code. Police can arrest and detain a suspect after obtaining a prosecutor's approval. In urgent cases, police may arrest the suspect without consent. However, in both cases, police detention may occur only when reasons for pre-adjudication detention exist (see below). The 24 hour 24 hour legal limit must be obeyed and the deadline must be triggered immediately, unless the court orders pre-adjudication.
Anyone can detain a person, who is caught while committing a crime (not a minor offense) or immediately afterwards, when arresting the offender is necessary to ascertain the identity of the offender or to prevent the perpetrator from fleeing or to secure the evidence. The offender must be immediately handed over to the police, or when it is not possible, the perpetrators' detention should be immediately reported to the police.
United States
In the United States, a person is protected by the federal constitution from being held in jail illegally. The right to have a person's detention reviewed by a judge is called habeas corpus . The US Constitution states that "The Privileges of the Writ of Habeas Corpus will not be suspended unless except in the Case of Public Security Uprising or Invasion may require it". Emergency statements may suspend the right to habeas corpus .
The Sixth Amendment requires a criminal defendant to be "informed of the nature and cause of the allegation". The US Bill of Rights thereby provides protection against detention without criminal charges, subject to judicial interpretation of what legal proceedings mean. Federal authorities have also exercised power to arrest people on the basis of being material witnesses. Voluntary commitment from mental illness is another category of detention without criminal prosecution, but the right of habeas corpus is still in effect. The scope of such detention is also limited by the Bill of Rights.
The military's executive powers have been used to justify holding enemy combatants as prisoners of war, unlawful fighters, and civilian internees; two recent practices have become controversial, especially with regard to unlimited detention implied by the uncertainty of when the "War on Terror" may be declared to have ended. Administrative detention, a term applied to many of these categories, is also used to imprison illegal immigrants.
Maps Remand (detention)
Pre-test supervision
HÃÆ'¤ktning (Swedish law)
HÃÆ'¤ktning is a pre-trial supervisory measure in accordance with Swedish law, which means that a suspect may be detained by a court in a case of crime with a term of one year or more. There are two levels of suspicion:
- reasonable suspicions (lower level of suspicion), or
- possible cause (higher level of suspicion).
The reason for detention is if the crime is a mandatory minimum sentence of at least 1 year, and one of:
- the risk of recidivism;
- risk that the suspect will destroy the evidence or influence the crime investigation;
- risk that the suspect will escape prosecution or punishment,
or, for the "probable cause" of suspicion and also for lower crime:
- the suspect has no permanent residence in Sweden, and can be assumed to want to leave Sweden.
- the suspect's identity is not set, if he refuses to say it or has provided a false identity.
A person can be detained for a period of time not more than 14 days (seven days if only suspicion level "reasonable suspicion"), then usually new hearing reman should be held. For a suspect who is not yet 18 years of age, the "serious reason" required for a detention decision should be notified to the court.
Someone, with less serious crime, was given by the prosecutor a summary sentence.
A person who is hÃÆ'¤ktad but not prosecuted (or released after a trial) is entitled to financial compensation, with the amount determined by the Chancellor of Justice. Usually around 500 SEK (US $ 80) per day for suffering, somewhat more if there is media attention, plus compensation for lost work income. 1200 people were compensated in 2007. If the detainee is convicted, the time as hÃÆ'¤ktad is calculated as part of prison time, so less time will remain after the trial.
The Committee for the Prevention of Torture of the Council of Europe has repeatedly criticized pre-adjudication detention in Sweden for a high percentage of cases in which communication restrictions are applied. Such communication restrictions mean that in Sweden there is no visit, no phone calls, no newspapers and no TV.
Detention after cost
The term "detention" may be used to describe the process of keeping a person in custody rather than providing a guarantee. A prisoner who is rejected, denied or unable to meet the terms of warranty, or who can not send a guarantee, may be detained in prison by detention. Although detained detainees are usually detained separately from sentenced prisoners, because of jostling prisons, they are sometimes held in an accommodation along with sentenced prisoners. The reasons for detention in detention vary depending on the local legal system, but may include:
- the suspect has been charged with a serious offense
- the suspect has prior confidence for a similar violation
- reason to trust the suspect may leave the court's jurisdiction to avoid the trial and possible penalties
- reasons to trust a suspect can destroy evidence or interfere with a witness
- the suspect is likely to commit further violations before the trial
- the suspect is believed to be in danger from an accomplice, victim, or criminal
In most countries, detained detainees are presumed innocent until proven guilty by the court and may be granted greater privileges than convicted prisoners. For example, most jurisdictions that prohibit convicted criminals from voting in elections will still allow detainees to vote, unless they have been disqualified from voting for other reasons. Other commonly granted privileges include:
- wearing own clothes instead of a prison uniform
- is entitled to additional visit times per week
- is not required to complete work or education related to prison
Not all prisons provide these privileges, in particular, the detention of detainees is often forced to wear a prison uniform and deny additional visiting rights, which should be for security reasons, although some facilities allow detained detainees to wear uniforms of different colors or otherwise clearly distinguished. from a punished criminal uniform. Often they are denied all visits and all newspapers and media access, to risk interfering with investigations, such as communicating stories with fellow detainees of detention.
Czech Republic
According to Article 8 (5) of the Fundamental Fundamental Rights and Freedoms Charter, having the same legal standing as the Constitution, nothing shall be detained except on the basis of a court decision, and for reasons and periods of detention set by law.
Detailed rules on detention detention are contained in the Criminal Procedure Code. A person may be detained by a court decision only if a number of prerequisites are cumulatively met:
- he has been charged with a crime punishable by
- more than two years in jail in a case of intentional crime, or
- more than three years in jail in case of negligent crime,
-
- (2/3 year rule subject to certain specified legal exceptions, for example where the suspect has eluded the process) and
- there is a plausible reason that indicates that the action is allegedly committed and has all features of a given crime, and
- there is an obvious reason for suspicion, that the action was committed by the person charged, and
- due to the personality of the person being sued, the nature of the crime and its gravity, the purpose of detention may not be achieved by a different measure.
At the same time, there must be reasonable concerns, that the person claimed can also
- (a) escape or avoid criminal proceedings, or
- (b) affect the witness or in other words thwart the process, or
- (c) continue the criminal activity alleged to him, or settle any criminal action he has tried, or commit a crime he or she prepared or threatened to commit.
Persons charged may be returned in custody with the following maximum conditions:
- one year in the case of a crime handled by a single judge,
- two years in the case of a crime handled by a three-judge panel,
- three years in a crime case (ie a deliberate crime punishable with imprisonment of at least 10 years)
- four years in cases that can be punished with extraordinary punishment (ie 20-30 years or life imprisonment)
A third of the maximum period of detention may be exhausted in the pre-trial process and two-thirds may be exhausted during the trial. Achieving the maximum time is always a reason to be released immediately.
Exceptions to the above time limit appear in cases of detention because of concerns (i) (b) interfere with witnesses or similar frustrations of the process, in which case the maximum pre-adjudication period may be only three months, except where the person charged have influenced the witness or frustrated the process.
The court should review the reasons for pre-trial detention every three months and decide to continue, or release the person charged. Both the prosecutor and the detained person may file a complaint against any decision on the detainee, leading to review by the appeals court.
Specific rules for returns relate to people processed for extradition, e.g. illegal aliens, detained because of international (foreign) warrants or European arrest warrants.
Conditions in the Czech prison dungeon
In the Czech Republic, detention is carried out in a detention prison or in a separate part of the standard prison. Remand prison is often in the city center and appertain to the court house. Most detention prisons are over 80 years old, with some, such as PankrÃÆ'¡c Jail, aged over 125 years. Men, women and teenagers are held separately. Also people accused of committing various types of crimes (eg accidental, intentional, violent, etc.) Done separately.
Cells have a capacity varying between 1-8 beds, with most having between 2--4 beds. Some detention prisons have rooms intended to watch TV, sports or chapel, but this is especially remarkable because of the density and lack of space. All have special areas for interviews between inmates and their lawyers, visiting rooms and yard for walks.
Each cell has a WC that is divided from the other cells and runs cold water. Each pair has its own bed, storage locker and chairs.
Prisoners detained for fear of influencing witnesses, detained separately with the possibility of very limited contact with other inmates and the outside world (apart from interviews with their own lawyers).
At some point in 2011, there were about 2,500 inmates in Czech prison (including ~ 170 women and ~ 45 adolescents), compared with about 20,500 inmates (for 10.6 million people). The average length of detention in hospitalization is about 100 days, with a little prisoner spending more than 2 years.
More than half of foreign prisoners from prisons of the Czech Republic are from Slovakia, Ukraine, and Vietnam. Many other foreigners are from Bulgaria, Macedonia, Moldova, Poland, Romania, Russia and Serbia. When it comes to non-European countries, there are many prisoners from Nigeria, Algeria, Morocco, Uzbekistan, Kazakhstan and Mongolia. There are mostly only a few individuals from other countries.
United Kingdom
In England and Wales, a suspect may be refunded after cost if:
- The suspect has been charged with a serious crime
- The suspect has been convicted of a serious crime in the past
- The suspect has violated the warranty condition in the past
- The police believe the suspect may not appear in court
- The police believe the suspect may commit another crime if released on bail
Reminding the suspect requires permission from the court of justice. After being charged, the court may choose to detain a suspect until the first trial of their trial (if the offense is tried in the Crown Court, there is a preliminary hearing in the judge's court). At the first hearing, the court can then decide whether it is necessary to hold the suspect until the end of the trial. Adults will be arrested and imprisoned in ordinary jails, while those under the age of 18 will be held in a safe center for young people. If an arrested suspect is found guilty and sentenced to jail, the time they spend to take back is cut from the length of the sentence.
United States
The Eighth Amendment of the United States Constitution prohibits excessive guarantees. Under the US Code, pre-trial detention of federal suspects is permitted only under certain circumstances, such as when a defendant is a danger to a witness or jury.
Impact
A 2018 study on American Economic Review found that pretrial detention "significantly increases the likelihood of confidence, especially through an increase in guilty plea". This also lowers the prospect of the defendant in the labor market.
Criticism
One criticism of pre-adjudication detention is that liberation could eventually become a vain victory, in which there is no way to return to the defendant the days already spent in jail. Preliminary detention changed the incentives of the accused by making his best scenario not zero days in prison, but the length of time serving pretrial. Therefore, the defendant may be more likely to plead guilty if the likelihood of release is low, or if the expected punishment for a plea is less than the amount of prison time to be served by the pretrial. Pre-trial prisoners may also find it more difficult to install effective defenses.
See also
- Detention (imprisonment)
- Reman (court procedure)
- Prisoner
- The strength of law enforcement agencies
- Arbitrary arrest and detention
- Defense Rule 18B
- Extra-arbitrary detention
- Immigration detention
- Nightwalker Statement
- The police power in England and Wales
- Quasi-criminals
- Restorative justice
- Security certificate
- Summary of jurisdiction
- Unlawful fighters
References
Source of the article : Wikipedia
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