Individual freedom from the perspective of detention and the principle of proportionality

Although some limitations of the right to liberty are allowed, these measures must be applied in strict accordance with the law, guaranteeing the protection of any person against arbitrary or abusive detention, as the effects of such violations can have irreparable consequences. The detention is an extremely severe intervention of the State in a fundamental right, the mechanisms used for its application are to be subject to the strictest requirements, which determine the competence of the intervention and the means of ensuring respect for the rights of the detained person. In the present study, the detention was investigated in the light of the principle of proportionality, in order to assess the appropriateness of its conduct, analyzing the reasonable suspicion, the complexity of the criminal investigation, the nature of the crime under investigation, the conduct of the perpetrator and many other circumstances, which influences the need to limit freedom for a short time.