In the field of criminal law, terminological inaccuracy plays a role significant enough to determine human destinies. One of the legal concepts that carries different purposes and causes active discussions in this field is detention.
Modern.az reports that this is stated in the educational text disseminated by the Press Service of the Supreme Court.
It has been stated that the essence of detention consists of the restriction of liberty and can be adopted at various stages of an initiated investigation. In this regard, depending on the stage at which it is adopted, the grounds, purposes, durations, and possibilities for modification of such a decision differ.
In any case, a decision on detention is made solely by the court, which is related to the measure involving the restriction of a person's liberty.
The legal reaction to an incident consists of its proper registration and the adoption of consecutive decisions within the framework of the law. The important issue is the identification of the person who committed or caused the incident. If such a person is identified, considering their attitude towards the incident and the ongoing investigation, their ability to influence the investigation or pose a more serious threat, to flee and hide, to destroy evidence, and to commit other illegal acts, that person is detained for the purpose of taking them into custody and temporarily restricting their activities for a certain period.
At this point, it should be noted that detention, as a measure of temporary removal from society, does not serve the purpose of punishment.
After the investigation concerning the person is concluded, the case, along with evidence of their commission of the incident, is submitted to the court. The reliability, legality, and validity of this evidence are examined, and a punishment is assigned to the person depending on the degree of their guilt. When the assigned punishment involves deprivation of liberty, the person removed from society through detention is this time detained for the execution of the rendered judgment.
In this instance, the purpose of detention is to execute the punishment, and it is chosen not to merely remove the person from society, but to isolate them from society.
Thus, the measure of detention is adopted by the court at the stages of preliminary investigation and judicial inquiry.
According to the stage of adoption, its purpose is – at the preliminary investigation stage – to temporarily remove the person from society, and at the judicial stage – to ensure the execution of the punishment assigned by the court, to isolate them from society.
It should be noted that despite the differences between the stages and purposes of detention, there is no connection between detention adopted during the preliminary investigation and detention adopted for the execution of a sentence at the conclusion of a judicial inquiry.
That is, the non-detention of a person at the preliminary investigation stage cannot lead to the non-detention of a person who has been found guilty as a result of a judicial inquiry and sentenced to deprivation of liberty.
