Mandatul de aducere din perspectiva jurisprudenţei Curţii Europene a Drepturilor Omului
Orders to appear or summons in light of the ECHR jurisprudence

Summary/Abstract: The execution of orders to appear has given rise to divergent practices, due to the complexity of files and the time constraints imposed on prosecutors by nature of the measures for lawful arrest or detention of persons; thus, orders to appear transform into a form of “administrative detention or arrest”. In practice, the time required for the execution of the order to appear, as well as the time spent before the authorities is added to that spent in custody. Analysing the practice, the ECHR noted that such form of execution is contrary to art. 5 of the Convention. The New Criminal Procedure Code brings forth elements of novelty: the execution of orders to appear by un-consented entry in the precincts of home or headquarters and the limitation to a period of 8 hours of the time the person brought by means of an order to appear can be kept in the custody of the authorities.

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