Abstract:
According to article 2 of the law nº30/2013 of 24/5/2013 relating to the code of criminal procedure the provisional detention is an act aimed at detecting offences, gathering evidence, whether incriminating or exculpatory nature and any act aimed at determining whether to prosecute the suspect. Therefore, the provisions under this law regard only the pre-trial detention without however foreseeing the fate of acquitted person after having served a provisional detention. This should be taken as a legal issue that merits such a legal solution that would result in amendment of certain provisions under the law nº 30/2013 of 24/5/2013 relating to the code of criminal procedure in order to recognize compensation to a person that has been acquitted after a period of provisional detention since he/she had lost some rights while in jail. It is against this reason that this study looked at gaps around the provisions of the law relating to criminal procedure with special attention to provisional detention and associated compensation.
