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14 Baltic J.L. & Pol. 1 (2021)

handle is hein.journals/bjlp14 and id is 1 raw text is: BALTIC JOURNAL OF LAW & POLITICS A Journal of Vytautas Magnus University VOLUME 14, NUMBER 1 (2021) ISSN 2029-0454 sciendo Cit.: Baltic Journal of Law & Politics 14:1 (2021): 1-21 https://content.sciendo.com/view/journals/bjlp/bjlp- overview.xml DOI: 10.2478/bjlp-2021-0001 INDIVIDUAL PREVENTION IN CRIMINAL PROCEDURE Arkadiusz Lach Professor, Dr. Hab. Nicolaus Copernicus University in Torun, Faculty of Law and Administration (Poland) Contact information Address: Bojarskiego 3, 87-100 Torun, Poland Phone: 0048 56 611 40 36 E-mail address: arkadl@umk.pl Received: January 28, 2021; reviews: 2; accepted: March 25, 2021. ABSTRACT This article explores the possibility of using criminal procedure and its measures for individual prevention of crime. The author tries to look at criminal procedure in an abstract way, not focusing on any concrete legal system. It is argued that the criminal process is traditionally reactive and this should not change. However, some measures of criminal procedure (arrest, pretrial detention, house arrest, suspension of driving licence, suspension at work) may be used as instruments of individual prevention when they are the best or only measures available and their application will not prejudice the case against the accused. Their use must be accompanied by relevant safeguards and allowed only if necessary and proportional. KEYWORDS Prevention, criminal procedure, preventive measures, risk, human rights

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