The Detention to Ensure the Security of the Accused: Jesuit Practice or Exceptional Necessity?

Abstract

The article is devoted to the practice and theory of preventive measure in the form of detention to ensure the security of the accused. The disclosed views of scientists and researchers on the admissibility of using of the detention to ensure the security of the accused from reprisals of members of an organized criminal group or the relatives of a victim for the purpose to prevent public outrage and the Lynch court. The thorough analysis of the national legislation of Ukraine, foreign practice of the witness protection and the practice of the European Court of Human Rights on the use of detention to ensure safety of the participants of criminal process. The author stressed the necessity of the use of detention to ensure the security of the accused in Ukraine only if the relevant amendments to the Criminal Procedural Code of Ukraine state the exclusivity and strict criteria of such procedure.