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Kreps v. Poland

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Continued detention could be justified in a given case only if there were specific indications of a genuine requirement of public interest which, notwithstanding the presumption of innocence, outweighed the rule of respect for individual liberty laid down in Article 5 of the Convention. To ensure that, in a given case, the pre-trial detention of an accused person did not exceed a reasonable time, the national judicial authorities must, paying due regard to the principle of the presumption of innocence, examine all the facts arguing for or against the existence of the above-mentioned demand of public interest justifying a departure from the rule in Article 5 and set them out in their decisions on the applications for release.

In cases where a person was detained pending the determination of a criminal charge against him, the fact of his detention was itself a factor to be considered in assessing whether the requirement of a decision on the merits within a reasonable time had been met.

10.1163/157181301760577939
/content/journals/10.1163/157181301760577939
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/content/journals/10.1163/157181301760577939
2001-07-01
2016-12-04

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