Judecătorul de drepturi și libertăți – aspecte teoretice și practice (II)
The judge of rights and freedoms – theoretical and practical aspects (II)

Summary/Abstract: This study subjects to our attention theoretical and practical aspects relating to the judge of rights and freedoms, a judicial body which reflects a new criminal procedural policy in defining some specific competences, conferring a greater effectiveness to the criminal procedural safeguards in the stage of criminal prosecution. The regulation of the powers of the judge of rights and freedoms is founded on numerous international instruments which conferred substance to this institution in the legislations of some European States, confirming real consequences in terms of improving the quality of the act of justice. It is important that, in this study, the author also presents aspects of the recent case-law of the courts of appeal and of the High Court of Cassation and Justice, emphasizing precise arguments for supporting the solutions on preventive measures. At the same time, there have been indicated regulatory omissions in the anticipated hearing procedure, provided in Article 308 of the Criminal Procedure Code, the author thus trying to subject to the attention of the legislator an amendment of this regulation.

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