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Under what conditions may pretrial detention be ordered?

Added: 27 October 2026

Pretrial detention is an exceptional measure requiring strong suspicion, a statutory ground and proportionality assessment.

Criminal-law doctrine and procedural conditions

Risk of flight, concealment, evidence destruction or pressure on witnesses should be supported by concrete facts. Listed offenses may affect analysis but do not automatically require detention. The expected penalty, severity of the measure and sufficiency of judicial control are also considered. Criminal analysis separates conduct, the actor, mental element, unlawfulness and culpability. Even when several provisions appear relevant, concurrence, special-rule and apparent-concurrence principles require separate review. The law in force at the time of conduct is compared with later legislation; a harsher rule is not applied retroactively and a more favorable law is assessed as a whole. Facts and supporting evidence matter as much as the name given to an alleged offense.

Evidence, safeguards and case-specific assessment

The decision must be reasoned and individualized. Continued detention is periodically reviewed, and over time the currency of initial grounds and diligence of the investigation become increasingly important. Detention is not punishment, and the presumption of innocence remains throughout proceedings. Criminal procedure combines the presumption of innocence with access to counsel, the right to remain silent, reasoned decisions and effective review. Investigative measures are not automatic punishment; legal grounds, proportionality and competent supervision are required. Minutes, video, digital material, witness testimony and expert reports are assessed for lawful acquisition and reliability. Because deadlines can be short, official notice and current procedural rules should be checked without delay in an actual case.

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Revision history

27 October 2026 — Article added.