Articles

Within the criminal procedure system, pre-trial detention—although intended as an exceptional protective measure—has, in practice, become a frequently applied tool. Regulated under Article 100 of the Code of Criminal Procedure (No. 5271), detention may be imposed where there is strong suspicion of a crime and the existence of specific grounds for detention. However, in recent years, the use of this measure has been increasingly criticized in light of the principles of proportionality and the protection of personal liberty.

The judicial reform packages introduced in 2024 and 2025 emphasize the need for more effective use of alternatives to detention, particularly judicial control measures. Expanding mechanisms such as travel bans, electronic monitoring, and conditional release subject to specific obligations has been highlighted within this framework.

Nevertheless, in practice, the tendency to resort to detention persists, largely due to judges’ risk perceptions and the heavy caseload. In our view, legislative amendments alone will not be sufficient; the approach of practitioners and the broader judicial culture will play a decisive role in this transformation. Establishing a system in which detention is truly a measure of last resort is critical not only for the protection of fundamental rights but also for strengthening public confidence in the justice system.