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Interese contradictorii în materia arestării preventive
Conflicting Interests in the Area of Pre-Trial Detention

From the Presumption of Innocence to the Threat to Public Order (III)

Author(s): Cristina Tomuleţ
Subject(s): Law, Constitution, Jurisprudence, Criminal Law
Published by: Universul Juridic
Keywords: pre-trial detention; striking a fair balance; presumption of innocence; right to liberty; Article 5 of the Convention; threat to public order; ”presumption of guilt”; excessive length of pre-trial det

Summary/Abstract: In the present article – the last part of a three-part study – the author begins by explaining the notion of threat to public order in the context of pre-trial detention by reference to several judgments of the European Court of Human Rights. In an attempt to clarify the content of the notion, as it was established by the European Court, the author analyzes it in relationship with the national equivalents of the notion in question.In the second part of the article, the author underlines the differences between the principles established in the case-law of the European Court regarding pre-trial detention and the shortcomings of the national practices, clearly identified over time in the European Court of Human Rights’ judgments against Romania.

  • Issue Year: XII/2016
  • Issue No: 01
  • Page Range: 72-103
  • Page Count: 32
  • Language: Romanian