Ensuring respect for human rights is an imperative for societies that strive for well-being, peace and the strengthening of the rule of law. The Republic of Moldova has shown interest in fundamental human rights values when it ratified most international treaties in the field. In this scientific approach, it is proposed the scientific approach of the institute of detention regulated by the national contravention and criminal procedure law, by identifying the particularities and notion of contravention detention and criminal procedural detention, assessing the moment from which the person considers himself/herself to be detained, which in itself represents this measure, By whom and under what conditions it can be applied, as well as the brief analysis of the legal framework and the case-law of the ECtHR regarding the specificity of the application of the given measure in case of a contravention process and in case of a criminal trial.