PENITENTIAL HOLDING IN THE NON-PROCESS COURT MEASURES SYSTEM

Abstract

The article in its content refers to the little commented issue related to penitentiary detention as a Wednesday of legal reaction and in its terms it has a de lege lata character. The aim of the article was to draw attention to the procedural and technical sphere related to the detention of a person in the penitentiary detention mode. Another aim of the article has become an attempt to draw attention to whether it is possible to regulate penitentiary detention in a standardized manner in one normative act. The legal exegesis presented in the study clearly indicates that the issue of penitentiary detention has been dispersed in many normative acts. Such a situation, in turn, creates undefined spheres, because its implementation is carried out in time – from the moment the person is arrested by the Police until the person is brought to a penitentiary unit. Therefore, the study posed a research question to what extent it is possible to simplify this procedure at the normative level, which would include a consolidated legal act.