Up-967/05

Ordering detention according to the second paragraph of Article 307 of the Criminal Procedure Act is an interference with the right to personal liberty determined in the first paragraph of Article 19 of the Constitution of an equal nature as that of ordering detention according to the first paragraph of Article 201 of the Criminal Procedure Act, and thereby it is a case of the equal legal positions of defendants. Due to the fact that the Supreme Court did not take into consideration the above-mentioned while deciding whether according to the fourth paragraph of Article 420 of the Criminal Procedure Act it is admissible to lodge a request for the protection of legality also against a final order on detention according to the second paragraph of Article 307 of the Criminal Procedure Act, and it rejected the request for the protection of legality, it violated the second paragraph of Article 14 of the Constitution and thereby the complainant's right to equality before the law. Therefore, the Constitutional Court annulled the Supreme Court order and remanded the case for new deciding.

 

Due to the fact that all legal remedies have not been exhausted against the challenged orders on detention according to the second paragraph of Article 307 of the Criminal Procedure Act, the Constitutional Court rejected the constitutional complaint in this part.