As a person's detention is prolonged, the requirements and conditions for approving the extension of his detention become stricter (Photo: ShutterStock)
The right to freedom and the right to dignity have long been recognized as fundamental rights in Israeli law.
As a general rule, arrest constitutes a serious violation of the right to freedom of detainees who have not yet been convicted.
This is because every person is held innocent until they have been convicted.
This restriction of the right to liberty is regulated within the framework of the Criminal Procedure Law and allows law enforcement officials to limit a person's liberty by way of delay or arrest.
What is the difference between detention for days and detention until the end of the proceedings?
"Criminal arrest laws make a normative distinction between two types of arrests. The first type of arrest is known as day arrest and it precedes the filing of the indictment. In contrast, the second type of arrest, known as arrest until the end of the legal proceedings, lasts from the date the indictment is filed until the end of the legal proceedings. The criminal procedure itself, and during the arrest phase until the end of the proceedings, the investigation material is presented to the defense in its entirety."
On the other hand, explains attorney Yaniv Zussman, a rising star in the field of criminal law, "within a day's detention, the defense only has the suspect's version, the articles of the offense, the summary of the arrest request and a cross-examination on behalf of the police representative.
As a result, during the detention phase, the criminal defense attorney operates in a particularly vague and limited framework.
Stages of arrest
The police's authority to arrest a person is limited for 24 hours.
After that, the detainee must be brought before a magistrate's court judge, who has the authority to order the continuation of the detention for a period not exceeding 15 days at a time and up to 30 days in total.
As a person's detention is prolonged, the requirements and conditions for approving the extension of his detention become stricter.
According to Attorney Sussman, "the process of hearing requests for arrest is a particularly sensitive process in which a suspect, who still maintains his innocence, is in a hearing where the material of the investigation is not exposed to him, and many times the hearing of the request to deprive him of his liberty relies on confidential material."
When the suspect is brought before the judge on duty, the police representatives will make arguments regarding the need for an extension of detention, while the suspect's attorney will present arguments that justify his release, either outright or as part of an alternative to detention (ie, house arrest).
It should be emphasized that release from detention may occur under restrictive conditions such as exclusion from potential witnesses and complainants, non-contact with parties involved in the case, financial deposit, third-party guarantee, and the like.
Release from detention - how can a lawyer help?
Release from custody requires creativity and out-of-the-box thinking on the part of the suspect's attorney.
"Creativity is the name of the game," says attorney Sussman, a rising star in the field of criminal law. "Due to the fact that detention for days is detention for investigative purposes, the criminal lawyer must ask the court whether the investigative actions carried out by the police are necessary and necessary." How should
a
suspect who has been detained for days behave?
"First, it must be remembered that this is a particularly sensitive stage that may affect the fate of the entire procedure.
In light of the fact that the police will spare no means in order to consolidate the evidence that will lead to an extension of detention and the filing of an indictment, it is important to contact an experienced criminal lawyer as early as possible."
Second, according to him, and "despite the enormous difficulty faced by detainees, one must keep calm and listen to the lawyer's advice. Remember that the lawyer is working with all his might in order to bring about a shortening of the days of detention and even full release. Third, it is important to pay attention to investigative exercises, including The presence of voice actors in the cell, the use of recordings, the grinding of facts that are not backed up, the application of pressure and the like."
The law firm of Yaniv Zusman specializes in all aspects of criminal law.
For contact and more details contact here or by phone
- 077-8053390
to the office page on the legal website of the
article courtesy of Zap Legal
The information presented in the article does not constitute legal advice or a substitute for it and does not constitute a recommendation to take procedures or avoid procedures.
Anyone relying on the information in the article does so at their own risk
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