Arestul la domiciliu – o măsură preventivă cu caracter de noutate în legislația română
House arrest – a preventive measure of novelty in the Romanian legislation

Summary/Abstract: This study analyses house arrest, a new legal institution introduced in the Romanian legal system by the new Criminal Procedure Code. House arrest may be ordered only against the defendant, by the judge of rights and liberties, or by the judge of preliminary chamber, or by the court, according to the procedural stage of a given case, if conditions provided in Article 223 of the new Criminal Procedure Code are fulfilled and taking such a measure is necessary and sufficient to achieve one of the purposes provided in Article 202 (1) of the same Code (i.e. ensuring the proper conduct of criminal proceedings, stopping the defendant from avoiding criminal prosecution or trial, preventing the defendant from committing another offence). The new Criminal Procedure Code provides the procedure used for taking this preventive measure as well as the procedure for extending and, respectively, maintaining it, while fully ensuring the defendant’s right of defence.

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