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Pre-Trial Detention Challenges in Sweden and Ukraine

Authors :
Melnykova Dariia
Source :
Journal of Legal Studies, Vol 33, Iss 47, Pp 59-78 (2024)
Publication Year :
2024
Publisher :
Sciendo, 2024.

Abstract

This article conducts a comparative analysis of pre-trial detention challenges in Ukraine and Sweden, highlighting common issues and distinctive features. Both countries face non-compliance with international standards in their remand policies, with legislative problems serving as a focal point. Recent legislative efforts in Ukraine and Sweden have addressed some issues, but significant challenges persist, requiring comprehensive solutions. The legislative disparities between the two nations manifest in the technical nature of Ukraine’s problems and Sweden’s more systemic issues. A unique challenge faced solely by Sweden is the disproportionately high number of foreigners in pre-trial detention, highlighting discriminatory legal regulations. Procedural hurdles vary, with Sweden grappling with the lack of specificity in prosecutors’ grounds for restrictions, while Ukraine faces a formalistic approach to remand extensions. Long-term pre-trial detention is identified as a shared concern, attributed to systemic principles in Sweden and technical procedure problems.

Details

Language :
English
ISSN :
24579017
Volume :
33
Issue :
47
Database :
Directory of Open Access Journals
Journal :
Journal of Legal Studies
Publication Type :
Academic Journal
Accession number :
edsdoj.304ba0dc15e54eaabc098a07c2de5cfe
Document Type :
article
Full Text :
https://doi.org/10.2478/jles-2024-0004