arrest & detention

A person suspected of having committed a criminal offence may be arrested and detained. However, the arrest and detention has to be carried out lawfully and respecting human rights.

A person may be arrested in relation to suspicion of having committed a criminal offence. In Slovakia, the grounds for arrest and detention are explained in the Code of Criminal Procedure. The police can arrest and keep you in custody for a maximum of 48 hours. In case of suspicion of terrorism custody may last a maximum of 96 hours. After this time has passed, they must release you or submit a relevant request to a judge to decide on your detention on remand (in Slovak: väzba). The judge has next 48 hours or 72 hours in case of serious crimes. After this time has passed, you must be released or detained on remand with the special permission of a judge.

In addition to the suspicion of having committed a crime, the Act on Police Force also recognises other situations where the police may restrict a person's personal liberty (e.g. in case the identity of person needs to be established, or if person being at the crime scene must explain connection with a criminal offence, etc.). Detention may last a maximum of 24 hours and in some exceptional cases a maximum of 48 hours.

Arrest, Detention & Human rights

Human rights protect the right to liberty and security of a person. Therefore, unlawful and arbitrary arrest and detention are prohibited. It means that the police need to have a lawful reason to arrest and detain you, they need to follow clearly set procedures and they must not treat you disrespectfully. During arrest and detention processes, such human rights as the right to liberty and security, the right to fair trial, the right to life, the prohibition of inhumane or degrading treatment, or torture and the right to private life may be affected.

About this Guide

This Guide will explain situations in which you can be arrested and detained, the procedure that should be followed, how you should be treated and what human rights violations may occur in particular situations during the process.

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