ORDERING THE MEASURE OF PREVENTIVE ARREST WITHIN ECHR REQUIREMENTS
ORDERING THE MEASURE OF PREVENTIVE ARREST WITHIN ECHR REQUIREMENTS

Summary/Abstract: It should be stressed that the practice of the Strasbourg court ordered the Romanian judicial system to evolve, and to consider the preventive arrest from another perspective, the most noticeable change being that, unlike in the past, the percentage of cases in which the preventive arrest measure is ordered is much smaller, the downward trend being clearly marked by the moment when the ordering of measure passed from prosecutor to judge. It is enough to remember that in the 90s in most of the cases in which an indictment was drawn the defendants were prosecuted in a state of preventive arrest, and it usually last until the case became final. Currently, only in exceptional situations the preventive arrest is ordered for crimes against property when the defendant is a primary offender (and here we refer to robbery crimes) and there are many cases where such preventive measure is not taken in cases of offences of murder or attempted murder.

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