Abstract

Having observed over the recent period of almost five years the practice of the use and extension of pre-trial detentions it is hard to miss that very frequently the courts base their agreement to use this most severe preventive measure as a prerequisite justifying a presumption that the defendant may obstruct the proceedings. This is a serious error since as a result of an amendment the courts should refer to the legal situation existing before the amendment of 1 July 2015. The abovementioned prerequisite does no longer function as justifying pre-trial detention on its own. It has to be connected with the content of Art. 258 § 4 of the Code of Criminal Procedure as well as the principles of minimalism, necessity and proportionality. Such prerequisites, apart from others, should be ascertained by the prosecutor when requesting detention, which they regrettably fail to do. These issues have been discussed in this gloss basing on the juridical and dogmatic analysis of the application and extension of this most severe preventive measure.