Unfounded Detention and Compensation for Damages in Case of Unfounded Detention in Serbian Legal System

The Code of Criminal Procedure (CCP) defines a number of rights that the legislator recognizes to the defendant, the most important of which are those contained in Article 14, which foresees the obligation of the court to conduct the procedure without delay. Detention is not a punishment. Detention is a measure to ensure the presence of the defendant and the court should apply this measure only if the purpose (presence of the defendant) cannot be achieved by another measure. The Constitution of the Republic of Serbia provides that "Generally accepted rules of international law and confirmed international treaties are an integral part of the legal order of the Republic of Serbia and are directly applicable." Among other things, Serbia has signed and ratified the European Convention on the Protection of Human Rights and Fundamental Freedoms as well as the protocols that belong to it. This convention provides for the establishment of the European Court of Human Rights, who...