Police Deprivation of Liberty in the Criminal Procedural Legislation of the Republic of Serbia and the Right to Liberty and Security of a Person

Abstract

The reformed criminal procedural legislation of the RS successfully follows the modern trends in the criminal procedural doctrine, especially in the area of application of the measures of deprivation of liberty by the police and the limitation of the right to liberty and security of a person. The new legal solutions in the RS (CPC/2011) are different both in their conceptual definition, and by the entity that decides on the implementation of the measures, which make the issue in question even more current, so the authors accordingly paid special attention to the following issues: firstly, the police deprivation of liberty as an international standard in the reformed criminal procedure legislation of the RS; Secondly, court as a subject of decision on the legality of police deprivation of liberty in the RS; Thirdly, empirical research into the implementation measures of police arrest in the RS and suggestions of de lege ferenda.