ASPECTE DE PRACTICĂ JUDICIARĂ PRIVIND TEMEIURILE ARESTĂRII PREVENTIVE
ASPECTS OF JUDICIAL PRACTICE REGARDING THE GROUNDS FOR PRE-TRIAL DETENTION

Summary/Abstract: By expressly regulating the cases, conditions and procedure under which pre-trial detention may be ordered, the legislator has provided the necessary safeguards for protection against arbitrary deprivation of liberty. Although at first sight the cases provided by art.223 Criminal procedure code are unequivocal, an analysis of the doctrine and judicial practice proves that their interpretation, and implicitly their application, raises certain problems. Hence the need for in-depth knowledge of the literature and jurisprudence precisely to ensure a predictable application of the law and in accordance with E.C.H.R.

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