Aspecte particulare privind măsura arestării preventive. Cazul de arestare preventivă prevăzut în art. 223 alin. (1) lit. d) din Codul de procedură penală. Examinarea încadrării juridice a faptei cu ocazia soluționării propunerii de arestare preventi
Particular aspects concerning the measure of preventive arrest. The case of preventive arrest provided by Article 223 (1) d) of the Criminal Procedure Code. Examination of the legal classification of the deed on the occasion of solving the proposal f

Summary/Abstract: The institution of preventive arrest is regulated by the new Criminal Procedure Code in Article 223 and the following, representing the hardest preventive measure that can be taken against the defendant in the criminal prosecution phase, in the preliminary chamber phase or in the trial phase. As it is normal, the institutions referred to in the Criminal Procedure Code appear to be very strictly and concisely regulated, but even so, there may be problems in the practice of the courts and of the public prosecutor’s offices that function next to them, with regard to the interpretation of the rules. The measure of preventive arrest is the harshest of the preventive measures, because it completely deprives of liberty the defendant accused of committing an offence. In relation to the cases in which the measure of preventive arrest may be ordered and the conditions to be satisfied for taking this measure, the practice is not always unitary. If most of the cases expressly provided in the Criminal Procedure Code in which this measure may be ordered do not pose problems of interpretation, their applicability being strict and commonly understood by practitioners, some cases, also expressly provided, bring to light a series of profound legislative matters that will have to be solved, in the future, by means of the legislator’s action of amendment and supplementation of the provisions in the matter or by means of interpretation of these provisions by the High Court of Cassation and Justice in order to unify the judicial practice. Probably the most widespread problems of interpretation are created by the possibility to preventively arrest the defendant when there is the reasonable suspicion concerning him that, after the criminal action has been initiated against him, the defendant committed with intent a new offence or he prepares to comit a new offence, a case provided by Article 223 (1) d).

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