PROSECUTORIAL DETENTION – PREREQUISITES FOR ITS USE

Abstract

The article discusses the provision of Art. 247 § 1 of the Code of Criminal Procedure, concerning the detention and compulsory transportation of a suspect or suspects, focusing on its guarantee character, which it acquired after the Constitutional Tribunal judgment of 5 February 2008. The paper presents controversies related to the interpretation of the prerequisites for the application of this institution and the influence of the previous procedural attitude of a suspect or suspected person on the possibility to apply the transportation.