Pre-trial Detention in Criminal Procedure Law: An Analytical Study of Its Legal Nature, Conditions, Effects, and Compensation

Abstract

Pre-trial detention is considered one of the most serious criminal investigation measures due to its impact on restricting the accused person’s liberty before the issuance of a final judgment. Despite its importance in assisting investigative authorities to discover the truth, preserve evidence, and ensure the proper administration of justice, it constitutes an exception to the general principle of presumption of innocence, which states that an accused person is presumed innocent until proven guilty by a final judicial decision. 

This study examines the legal nature of pre-trial detention and whether it should be considered a prior punishment or merely a precautionary measure aimed at ensuring the proper progress of criminal proceedings. It also addresses the competent authority responsible for ordering detention, the conditions required for its application, its legally prescribed duration, the place of its execution, and the circumstances leading to its termination or temporary release. Furthermore, the study discusses the possibility of compensating an accused person for damages resulting from pre-trial detention in cases where a judgment of acquittal is issued. 

The main research problem focuses on achieving a balance between protecting the accused person’s personal liberty and safeguarding the state’s interest in conducting investigations, discovering the truth, and combating crime. The study also explores the limits of the competent authorities’ powers in imposing pre-trial detention and its legal consequences following conviction or acquittal. 

The research adopts a descriptive and analytical methodology through examining legal provisions and jurisprudential opinions related to pre-trial detention. The study is divided into two main chapters: the first discusses the concept, conditions, and competent authorities of pre-trial detention, while the second examines its duration, implementation, termination, and compensation.