MĂSURA ARESTĂRII PREVENTIVE, O MAXIMĂ RESPONSABILITATE PENTRU INSTANŢELE JUDECĂTOREŞTI. OPINIE CRITICĂ ASUPRA ÎNCHEIERII JUDECĂTORIEI SECTORULUI 1 BUCUREŞTI, DIN 10.06.2022, PRONUNŢATE ÎN MATERIA MĂSURILOR PREVENTIVE
PREVENTIVE DETENTION, A MAXIMUM RESPONSIBILITY FOR THE COURTS. CRITICAL OPINION ON THE DECISION OF THE DISTRICT COURT OF SECTOR 1 BUCHAREST, DATED 10.06.2022, PRONOUNCED IN THE MATTER OF PREVENTIVE MEASURES

Summary/Abstract: Any provision on pre-trial detention involves an analysis on the part of the judge, which must be made with the utmost responsibility in order to avoid unnecessary periods of pre-trial detention, which do not correspond to the imperative need to protect public order and to ensure the proper conduct of the criminal trial. The exceptional nature of the measure requires a real examination of the conditions under which it can be ordered, rather than a formal one, an approach sometimes found in court practice. Although we wish to confine ourselves to the legal aspects, we will inevitably briefly highlight certain factual aspects which the court has qualified as relevant from the perspective of the need to maintain the preventive detention measure.

• Details
• Contents