Important decision
The Constitutional Court has, for the first time, issued a significant ruling on the new regulations governing measures替代ing pretrial detention. In its ruling, Case No. I. ÚS 1214/26, it rejected the interpretation that the statutory time limit would not apply to a monetary bond and a travel ban.
The new Section 73aa of the Criminal Procedure Code, effective as of January 2026, stipulates that measures substituted for pretrial detention may last only for as long as strictly necessary and no longer than the time limit specified by law. The purpose of this provision is to prevent restrictions imposed in lieu of pretrial detention from effectively becoming indefinite simply because criminal proceedings take a long time. In the case at hand , the High Court concluded that this limit does not apply to a monetary bond and a travel ban. The Constitutional Court rejected this interpretation as overly broad and overturned the High Court’s decision.
According to the Constitutional Court, an interpretation of the law cannot extend infringements on the accused’s fundamental rights beyond the scope established by the legislature. A monetary bond infringes upon the right to property, and a travel ban infringes upon the freedom of movement; therefore, these measures must also be subject to statutory limits. The decision is particularly important for the practice of criminal courts, as it clarifies the application of the new legal framework shortly after its introduction. At the same time, it reaffirms the more general principle that alternatives to pretrial detention should be truly temporary measures, not long-term restrictions with no clear end in sight.
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