Changes operated by the Law No 201/2023 concerning the preventive measures in view of the transposition of the decisions of the Constitutional Court Cover Image
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Modificările operate de Legea nr. 201/2023 în materia măsurilor preventive în vederea transpunerii deciziilor Curții Constituționale
Changes operated by the Law No 201/2023 concerning the preventive measures in view of the transposition of the decisions of the Constitutional Court

Author(s): Mihail Udroiu
Subject(s): Criminal Law
Published by: Uniunea Juriștilor din România
Keywords: preventive measures; preventive arrest; house arrest; judicial control; mandatory term; absolute nullity; new grounds for deprivation of liberty;

Summary/Abstract: Following the transposition of the decisions of the Constitutional Court, the Law No 201/2023 provided five key changes concerning the preventive measures. The present paper aims to examine the amendments regarding non-custodial preventive measures, in terms of its lenght during the trial, along with the term to solve the appeal filed against the judicial control ordered by the prosecutor, as well as the amendments in respect with custodial preventive measures concerning the deadline to seek for the prolongation of preventive arrest or house arrest, as the case may be, respectively to order these measures justified by new grounds. It will also examine the time limits henceforth the preventive measures shall terminate by virtue of law, either custodial or non-custodial.

  • Issue Year: 2023
  • Issue No: 12
  • Page Range: 120-126
  • Page Count: 7
  • Language: Romanian