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The Joint Panels of the Supreme Court today overturned Sokol Sadushi regarding the partial change of the unified practice.
In the decision announced today, the United Colleges only made interventions and clarifications to the previous decision of the unified practice on security measures, without overturning the 2011 decision. So, it was simply an update and refresh.
But what did the United Colleges actually decide in today's decision?
In today's decision, which overturned Sokol Sadushi, the United Colleges set out three main pillars regarding security measures. More specifically, the decision states that the court must justify why less restrictive measures of freedom are not sufficient in specific cases.
Another pillar defined by the United Colleges is that the security measure must be based on a concrete assessment of the circumstances of the case.
While the third pillar defined is that the burden of justifying the need for the imposition and continuation of the "prison arrest" measure lies with the prosecution.
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