The Recent Provisions Governing the Detention of the Accused During the Interrogation Stage
摘要
The detention of the accused is deemed to be one of the most crucial steps taken against them during the initial questioning phase, as it entails taking away their freedom for a duration that may sometimes prolong. This imposes both physical and ethical difficulties on the accused even before their guilt is ultimately established by a verdict from the court. Simultaneously, it signifies a clear infringement upon the principle of presumption of innocence granted to every individual, as stipulated by the criminal legislation through the enactment of Criminal Procedure Code No. 9 of 1961. After thoroughly examining the amendments brought forth by the amended Code No. 32 of 2017, it is evident that the legislator has introduced groundbreaking provisions with the intention of constraining and confining the use of detention to its utmost minimum. This calls for a comprehensive analysis and comprehension of these provisions in order to ascertain the extent to which the legislator has triumphed in enacting these amendments and to uncover the legislative purpose that underlies them.