DISPOSAL OF MEDICAL SAFETY MEASURES AND INSURANCE MEASURES BY THE PRELIMINARY CHAMBER
DISPOSAL OF MEDICAL SAFETY MEASURES AND INSURANCE MEASURES BY THE PRELIMINARY CHAMBER

Summary/Abstract: The Preliminary Chamber Judge is not a judge of instruction as prescribed by the Romanian inter-war criminal procedural law or the French criminal procedural law, having no competence in collecting the evidence, discovering the author of the offense or the participants in it or analysing the merits of the accusation or to bring defendants to court.The analysis of the comparative law reveals that although the source of inspiration for the Chamber of the Preliminary Chamber is found in the German and Italian Penal Procedure Code, the national procedural rule of the preliminary chamber resulting from the CCP amendment is of little similarity with the institution of the preliminary chamber by art. 199-204 of the German Code of Criminal Procedure, respectively with the institution of the preliminary hearing (preliminary udienza) provided by art. 418-425 of the Italian Code of Criminal Procedure.In the literature, safety measures are defined as “criminal law penalties consisting of preventive coercive measures aimed at removing a state of danger generating acts provided by the criminal law”. These safety measures can also be ordered during the criminal proceedings, without the condition of criminal liability of the author of the offense.Safety measures are: temporary medical treatment, medical hospitalization, a ban on taking up a job or exercising a profession, a special confiscation, a large confiscation.

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