THE RIGHT TO FREEDOM AND SECURITY

Abstract

There is no violation of rights from Article II/3d) of the Constitution of Bosnia and Herzegovina and Article 5 paragraph 1 point a) and paragraph 4 of the European Convention for the Protection of Human Rights and Fundamental Freedoms when the decision on custody is based on a legal provision that stipulates that the court, when imposes a sentence of imprisonment by a non-legally binding judgment, may order or extend custody to the accused if this is necessary for the smooth conduct of the proceedings, taking into account all the circumstances related to the commission of the criminal act, i.e. the personality of the perpetrator and when the court has examined the stated circumstances that represent the reasons for detention, in terms of the provisions of Article 152 of the Law on Criminal Procedure of the Federation of Bosnia and Herzegovina and explained in detail in such a way that it does not appear that there was arbitrariness in the deprivation of liberty.