The minor. The preventive measure of depriving of liberty (arrest). The deduction of the period of this measure out of the duration of the non-custodial educational measure applied Cover Image

Minor. Măsură preventivă privativă de libertate (arestare). Deducerea perioadei acestei măsuri din durata măsurii educative neprivative de libertate aplicate
The minor. The preventive measure of depriving of liberty (arrest). The deduction of the period of this measure out of the duration of the non-custodial educational measure applied

Author(s): Parchetul de pe langa Curtea de Apel Alba Iulia Sectia Judiciara
Subject(s): Law, Constitution, Jurisprudence
Published by: Universul Juridic
Keywords: preventive arrest; deduction; equality of legal treatment in similar situations; preventive measures for deprivation of liberty; non-custodial educational measures;

Summary/Abstract: No discriminatory legal treatment can be applied in the matter of deducting the duration of the preventive measures depriving of liberty on the grounds that the law does not expressly provide for this in the case of non-custodial educational measures. By accepting this argument, the equality of legal treatment is violated, but is accomplished a double punishment for the perpetrator.

  • Issue Year: 2017
  • Issue No: 4
  • Page Range: 158-159
  • Page Count: 2
  • Language: Romanian
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