Noile reglementări privind reținerea și arestarea preventivă
The new regulations concerning detention and preventive arrest

Summary/Abstract: Recognized and included by the doctrine in the category of toughest preventative measures - either due to actual coercive character of the freedom of movement of an individual indicted /suspected for committing offences, either as a result of reporting on other preventive measures, the institutions that are the subject of the present paper have substantial content changes in relation to the provisions of the old Code of criminal procedure [1]. For these reasons we appreciate that it is necessary to analyze in detail the general and specific conditions needed to be met in order to be able to provide any individualized preventive measures, especially the procedural moments and the procedure to be followed, in view of the overall rules of the new Code of criminal procedure (abbreviated Cpc) [2]. It was not omitted any presentation and detailing situations which may create confusion in terminology (term of detention, for example) by reference to the other institutions of the CPC or special laws that use identical similar/identical terms, specifying the rights and obligations of the suspect/accused, judicial bodies, including the analogy of the domestic regulatory framework with the judicial practice resulting from the interpretation of the European Convention on human rights, taking into account the fact that the measures in question affect one of the fundamental human rights-the right to physical freedom. Without the exhaustive examination of aspects relating to the two institutions, the present paper aims to be a summary and reflection material, whose main effect is to materialize itself in the knowledge, understanding and interpretation of the rules in this area.

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