Custody

Custody is the most severe measure of securing the presence of a defendant in a criminal proceedings. This is exactly why it is stipulated by the Criminal Procedure Code that a person is taken into custody only in the case when no other, a less strict measure for securing the presence of a defendant in a criminal proceedings, can be used to fulfill the purpose. At the beginning, this paper is focused on the concept of custody, while later an emphasis is put on legal bases for imposing a custodial sentence, and, at the same time, on giving appropriate examples from a domestic court practice for each of the legal bases. In the paper, it is also pointed out that there are certain shortcomings in the practice of our prosecutors and courts in terms of proposing a custodial sentence, as well as imposing a custodial sentence or extending detention.