Value of Circumstances Characterizing the Personality of the Accused for Preventive Measure Selection

Abstract

In terms of clear legal regulation of grounds, conditions and order of preventive measures, the circumstances taken into account in their election, the requirements for procedural documents and pre-trial procedure, the application of preventive measures is a guarantee that the tasks and the general principles of criminal proceedings will be considered and fulfilled. The legal position of the ECHR is to ensure that the Court highlights and emphasizes the special significance of the circumstances characterizing the personality of the accused to make objective and informed decisions. Many solutions are specifically identified and assessed with circumstances by their direct impact on risk of suspect evasion fulfillment of procedural obligations by accused. In any case subjects to criticism are national courts ignoring the circumstances that characterize the personality of the accused. The requirement to request investigative custody can determine the binding guidance evidence, including the circumstances that characterize the identity of the accused, to prevent allegations of any unfounded assumptions. While preparing applications; investigators must consider the position of the ECHR on the scope, specificity and presentation requirements for circumstances that characterize the accused on the relevant request, because these documents are the basis for decisions made by the court of the application of the ECHR to which is mandatory, which, in turn, is the key to creating conditions of justice that meets international standards of criminal justice.