Some Considerations on the Regulation of the Preventive Arrest in the New Criminal Procedure Code Cover Image

Consideraţii privind reglementarea arestării preventive în noul Cod de procedură penală
Some Considerations on the Regulation of the Preventive Arrest in the New Criminal Procedure Code

Author(s): Mihaela Laura Pamfil
Subject(s): Law, Constitution, Jurisprudence
Published by: Editura Lumen, Asociatia Lumen
Keywords: preventive arrest; new Criminal Procedure Code; novelty elements; reasonable suspicion; ECHR legal cases

Summary/Abstract: The new Criminal Procedure Code proposes a new regulation for preventive measures that can be taken during the criminal proceddings: it was governed a new preventive measure - home arrest -, the interdiction of leaving the country or the town is not longer regulated, the content of other measures has changed, such as the judiciary control and the bail. The preventive arrest suffered some changes so as to ensure compliance with both the right of defence and the principle of guaranteeing individual freedom and the pursuit of criminal process in good condition. The aim of this paper is to analyse the provisions of the new Code regarding the preventive arrest compared with the current regulation of the arrest in order to identify the existing inadvertences which may cause problems in the legal practice such as controversies and contradictory solutions.

  • Issue Year: II/2013
  • Issue No: 1
  • Page Range: 351-359
  • Page Count: 9
  • Language: Romanian
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