LUXEMBOURG LAW OF JULY 28, 1973 CONCERNING THE MODIFICATION OF THE SYSTEM OF DETENTION PENDING INVESTIGATION

• NCJ Number: 28777
• Journal: Revue de droit penal et de criminologie Volume: 55 Issue: 4 Dated: (JANUARY 1975) Pages: 291-300
• Author(s): J P Spreutels
• Date Published: 1975
• Length: 10 pages
• Corporate Author: Palais de Justice
• Publication Format: Article
• Language: French
• Country: Belgium

Annotation

DISCUSSION OF PROVISIONS OF THE NEW LAW, WHICH WAS INTENDED TO MAKE DETENTION PENDING INVESTIGATION AN EXCEPTIONAL MEASURE, EXERCISED ONLY IN CERTAIN SPECIFIC CASES AND NOT ARBITRARILY.

Abstract

DETENTION PENDING INVESTIGATION IS DESCRIBED AS A 'NECESSARY INJUSTICE'. THEREFORE IT SHOULD NOT BE ABUSED. FEAR OF FLIGHT, FEAR THAT THE ACCUSED WILL OBSCURE THE EVIDENCE AND FEAR THAT HE WILL COMMIT FURTHER OFFENSES ARE THE REASONS FOR APPLYING DETENTION PENDING INVESTIGATION. --IN FRENCH