<abstract xmlns="http://www.w3.org/1999/xhtml">

<p>This article explores the possibility of using criminal procedure and its measures for individual prevention of crime. The author tries to look at criminal procedure in an abstract way, not focusing on any concrete legal system. It is argued that the criminal process is traditionally reactive and this should not change. However, some measures of criminal procedure (arrest, pretrial detention, house arrest, suspension of driving licence, suspension at work) may be used as instruments of individual prevention when they are the best or only measures available and their application will not prejudice the case against the accused. Their use must be accompanied by relevant safeguards and allowed only if necessary and proportional.</p>
</abstract>

This article explores the possibility of using criminal procedure and its measures for individual prevention of crime. The author tries to look at criminal procedure in an abstract way, not focusing on any concrete legal system. It is argued that the criminal process is traditionally reactive and this should not change. However, some measures of criminal procedure (arrest, pretrial detention, house arrest, suspension of driving licence, suspension at work) may be used as instruments of individual prevention when they are the best or only measures available and their application will not prejudice the case against the accused. Their use must be accompanied by relevant safeguards and allowed only if necessary and proportional.

Individual Prevention in Criminal Procedure

Professor, Dr. Hab., Nicolaus Copernicus University in Torun

Baltic Journal of Law & Politics

This work is licensed under the Creative Commons Attribution-NonCommercial-NoDerivatives 3.0 License.

{"article-title":"Individual Prevention in Criminal Procedure"}

This article explores the possibility of using criminal procedure and its measures for individual prevention of crime. The author tries to look at criminal...

Individual Prevention in Criminal Procedure

Pubblicato online: 08 ott 2021

Pagine: 1 - 21

Ricevuto: 28 gen 2021

Accettato: 25 mar 2021

DOI: https://doi.org/10.2478/bjlp-2021-0001

Parole chiave
Prevention, criminal procedure, preventive measures, risk, human rights

© 2021 Arkadiusz Lach, published by Sciendo

This work is licensed under the Creative Commons Attribution-NonCommercial-NoDerivatives 3.0 License.

Individual Prevention in Criminal Procedure

Pubblicato online: 08 ott 2021

Pagine: 1 - 21

Ricevuto: 28 gen 2021

Accettato: 25 mar 2021

DOI: https://doi.org/10.2478/bjlp-2021-0001

Parole chiavePrevention, criminal procedure, preventive measures, risk, human rights

© 2021 Arkadiusz Lach, published by Sciendo

This work is licensed under the Creative Commons Attribution-NonCommercial-NoDerivatives 3.0 License.

Parole chiave
Prevention, criminal procedure, preventive measures, risk, human rights