The Physical Adequacy of The Justifiable Evidences dor Detention

Abstract

Detention is considered one of the most dangerous procedure of the criminal proceedings, and the most affecting on the personal freedom of the individual, as it entails deprival of the detainee’s freedom for a long time (compared with the duration of the detention-stopping) which is usually no longer than 24 hours, but in detention it may range to 6 months or even many years in some systems . Once the legitimacy of punishment balances between two rights: one is the right of the society in peace and requirement of punishment, second is the personal freedom and fair trial. Thus, the law imposed a group of guarantees on the investigation authority in using its power in detention and not up using it and restricted it on the necessities of the investigations. One of these guarantees is the requirement of sufficient evidences to approve this dangerous procedure since it affects the evidence of innocence which the accused should have throughout the investigation and trial time. But the concept of sufficient evidences itself is not disciplined and indeterminate, which allows the use of this dangerous authority and causes imbalance of the logical procedures. This aim of this research is to determine some objective criteria to control this authority indirectly. The study tries to put some objective criteria to sponsor this authority in estimating the sufficient evidences as a cause for detention. The study also researches evidence of innocence as a base for the sufficient evidences, the dangerousness of the procedure as a base to determine the range of its sufficiency and the role of these evidences to continue in detention not only in starting it. And to what extent it is required in the precautionary detention.