Considerații critice ale unor dispoziții referitoare la măsurile preventive
Critics of some provisions concerning preventive measures

Summary/Abstract: Taking into account the new socio-juridical realities, effect of the fight against corruption, an exhaustive analysis of the dispositions relating to preventive measures may be imposed, more than ever, considering the implications of these institutions with a constraint character of the individual freedom and safety of person. The imperative need to ensure and respect the fundamental rights and freedoms of humans guaranteed by the fundamental European Convention on human rights [1] and the Constitution[2], repeatedly underlined by the doctrine [3], in particular protecting the person against a possible arbitrariness of the judicial authorities, were decisive in the development of this work. The criticism that we bring are circumscribed to the coding ways (lawmaking) of some institutions and provisions contained in Title V. Preventive measures and other procedural measures, Chapter I Preventive measures, Sections 1-8 of the General Part of the new code of criminal procedure (abbreviated as CPC), with direct reference to the legislative technique, normative inadequacies, unclear/insufficient provisions, etc. On the other hand the proposals for improving the poor laws are presented and argued, in order to eliminate in the future the possibility of different interpretation and application of the institutions concerned. Without claiming to exhaust the critical aspects relating to the provisions in question, the present work aims to be a reflection on the errors and flaws contained in the Code of criminal procedure, with strict reference to preventive measures, expressing the opinion that our legislature will be concerned in the future with fixing them (and not only), so as to ensure the proper and reliable understanding and interpretation of the rules in question.

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