CARACTERUL PROCESUAL AL REȚINERII PERSOANEI BĂNUITE DE COMITEREA INFRACȚIUNII
THE PROCEDURAL NATURE OF THE DETENTION OF THE PERSON SUSPECTED OF HAVING COMMITTED THE OFFENCE

Summary/Abstract: Judicial reform should democratise the entire legal system. One of the characteristics of the rule of law is the supremacy of the law, the inadmissibility of arbitrary and unlawful actions by law enforcement bodies, and the use of coercive measures only in cases where they are genuinely necessary to protect the interests of citizens and society. The use of procedural criminal coercive measures is necessary for the prevention, investigation and detection of crimes. The system of such measures includes the detention of a person suspected of committing a crime. Its application significantly restricts the rights, freedoms and legitimate interests of the citizen, puts into question the honour and dignity of the person, influences his or her future, causes moral suffering in cases where the detention is unfounded or illegal. The detention of persons suspected of having committed an offence is often accompanied by considerable difficulties, which can be explained by the inadequate regulation of the application of this procedural and penal coercive measure. All this hinders the uniform and correct application of the detention of a person suspected of committing a crime, which leads to errors in the practice of law enforcement agencies, resulting in the violation of the rights and legitimate interests of the person.

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