No one can be detained for more than 48 hours without a court order. The person must be brought to court within 48 hours from the moment of detention to determine the legality and reasonableness of the detention. If the legality and reasonableness of detention is not proven in court, he should be released immediately. This norm, first of all, ensures the requirement to prevent the arbitrary and indefinite detention of a person.
As an example of the practice of the use of pre-trial detention by the courts, in 2022, 485 out of 24,118 petitions received from investigative bodies were rejected, and in the first half of 2023, 335 out of 10,714 petitions were rejected. That is, in 2022, 485 persons and 335 persons in the first half of 2023 were prevented from being unjustly detained by the courts.
It is during the procedural arrest that a person falls into a serious mental state, and in such a situation, he is one of the first to need legal assistance. Because the obligation to prove the guilt or innocence of a person in a crime is assigned directly to the investigative bodies.
People often complain that when someone is arrested by the investigative authorities, they are not told why they were arrested. As a result, citizens' rights are at risk at the very moment they are arrested. Unfortunately, because citizens do not know their rights well and no one has explained them clearly and in detail, illegal situations are observed during the investigation process. Almost all methods of protection of persons subjected to criminal prosecution from the arbitrariness of state bodies and officials are reflected in the Constitution.
The range of constitutional rights and freedoms in the country has expanded. Everyone is guaranteed that his case will be considered by an authorized, independent and impartial court within the time limits set by the law in order to restore his violated rights and freedoms.
Another important point is that the Constitution stipulates that all doubts about guilt should be resolved in favor of the suspect, the accused, the defendant or the convicted person, if the possibilities of their elimination have been exhausted. This norm is a directly applicable provision that ensures the use of only reliable and legal evidence in the investigation and trial process and protects a person from being unjustly prosecuted.
A suspect, accused or defendant does not have to prove his innocence, no one is forced to testify against himself or his close relatives. The establishment of these provisions in the Constitution serves to prevent the use of illegal methods, such as mental pressure and various threats, humiliation of honor and dignity, to any person under criminal prosecution or his close relatives. This norm is an important guarantee of the principle of presumption of innocence.
Another important rule is that a person cannot be found guilty or punished if his confession is the only evidence against him. This case serves to determine the truth about the crime, as well as to prevent the prosecution of innocent people, and at the same time, to identify the real guilty persons who committed the crime, the information provided by the Supreme Court reads.
