Prosecutorial Preventive Measures in the Criminal Procedure Law of Afghanistan

Abstract

Pretrial detention orders are among the restrictive measures on individual liberty that are issued pursuant to legal provisions to ensure the defendant's availability before judicial authorities during the preliminary investigation and trial stages. As one of the most significant types of pretrial judicial orders, these measures serve a dual function: on the one hand, safeguarding the individual freedoms of the accused, and on the other, ensuring their presence throughout the stages of criminal proceedings. The central issue addressed in this research is that while the issuance of such orders is necessary to fulfill the objectives of criminal justice, they must also remain consistent with the presumption of innocence and the civil rights of the accused. The primary aim of the study is to examine the legal status, challenges, and regulatory requirements concerning pretrial detention orders within the Afghan legal system, and to propose legal and procedural reforms to enhance clarity and coherence. This study employs a descriptive–analytical methodology and is based on library-based sources. The findings reveal that despite the critical role of pretrial detention in securing fair trial guarantees, the Afghan legislature has not sufficiently addressed the diversity, conditions, and specific types of such orders. As a result, legal ambiguities and gaps persist in this area.