CONSTATĂRI PRIVIND REALIZAREA DREPTULUI LA UN PROCES ECHITABIL ÎN CAZUL ARESTULUI PREVENTIV
FINDINGS REGARDING THE REALIZATION OF THE RIGHT TO A FAIR TRIAL IN THE CASE OF PREVENTIVE ARREST

Summary/Abstract: In this article, the observance of the procedural guarantees enjoyed by the accused or, as the case may be, the defendant under preventive arrest, and the grounds that make the application of this preventive measure reasonable will be analyzed. In the same context, the study also includes research, both from a theoretical and practical point of view, respecting the right to a truly fair trial of the person in respect of whom preventive detention was applied, through the lens of the ECtHR jurisprudence research, a prerogative enjoyed by the parties in the process of examining the approach regarding the application of preventive arrest. At the same time, the study aims at the problem of preparation time in order to effectively study the materials of the criminal case by the defense when it is aimed to submit the approach regarding the application of the arrest after the person has been detained, considering that in practice it has been found that the defenders fail to study in sufficient measure the materials of the criminal file which leads to the admission of some abuses on the part of law enforcement bodies.

• Details
• Contents