Măsurile preventive. Cauze care împiedică punerea în mișcare a acțiunii penale. Art. 202 alin. (2) C.proc.pen. Discuții
Preventive measures. Causes that prevent the initiation of criminal proceedings. Art. 202 para. 2 Criminal Procedure Code. Discussions

Summary/Abstract: The study proposes, in order to avoid blocking the prosecutor's investigation, the abrogation of the provisions of art. 202 para. (2) Criminal Procedure Code, Arguing in the sense that the pre-trial detention has the character of a “legitimate detention”, and if subsequently, during the investigation or judicial investigation, the prosecutor or the judge will find, on the basis of evidence, the existence of some cases justifying or non-imputability, he will be able to order the revocation of the preventive measure and, respectively, the dismissal or acquittal of the defendant.

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