The Constitutional Provision to Restrict the Freedom of the Accused in the Pre-Trial Stage

Abstract

Individual freedom has constitutional discretion, for which it receives special protection in the face of arbitrary authority. It should not be restricted except out of necessity, in terms of origin, except by a criminal ruling. However, for considerations related to detecting evidence of crime and combating it, this freedom may be temporarily restricted before a conviction is issued; However, due to the seriousness of this matter, balancing considerations of combating crime with the necessities of preserving individual freedom requires restricting the legislator’s authority, to prevent abuse of power. There is no doubt that imposing restrictions on the legislator’s authority can only be achieved through restrictions that exceed in their strength the texts of ordinary legislation. These are constitutional texts.