Protecția juridică împotriva reținerii sau arestării ilegale în baza Convenției Europene pentru Apărarea Drepturilor Omului şi a Libertăților Fundamentale
Legal Protection Against Illegal Detention or Arrest on the Basis of the European Convention for the Protection of Human Rights and Fundamental Freedoms
Author(s): Mihail SorbalaSubject(s): Criminal Law
Published by: Universitatea Liberă Internațională din Moldova
Keywords: European Convention for the Protection of Human Rights and Fundamental Freedoms; right to liberty and security; deprivation of liberty; detention; judicial review; arrest;
Summary/Abstract: Individual freedom and security of the person is one of the most sensitive and complex human values which, along with other fundamental rights, plays a primordial role in a democratic society.The right to liberty and security guaranteed by art. 5 of the Convention emphasizes the liberty of suspects or accused persons. This position requires important obligations at the initial stage of the detention or arrest of a person and, also, on the duration of the extent of the arrest in the later stages of the criminal proceedings. The European Convence of Human Rights and Fundamental Freedoms obliges member states to establish national mechanisms to guarantee fundamental rights and freedoms, being regulated in the constitutions of member states, a moment which has been successfully achieved by the Republic of Moldova on this vector, being adopted multiple regulations and normative acts in this regard.
Journal: Studii Juridice Universitare
- Issue Year: 2020
- Issue No: 3-4
- Page Range: 125-134
- Page Count: 10
- Language: Romanian