PROBLEMATICA RECUNOAȘTERII PERSOANEI ÎN CALITATE DE BĂNUIT: ASPECTE TEORETICO - PRACTICE
THE PROBLEM OF RECOGNITION OF A SUSPECTED PERSON: THEORETICAL - PRACTICAL ASPECTS

Author(s): Artiom Pilat
Subject(s): Law, Constitution, Jurisprudence
Published by: Academia de Poliţie »Alexandru Ioan Cuza« Bucureşti
Keywords: suspect; the term; provisional lifting of the driver's license; removal from driving the means of transport; preventive measure; procedural action
Summary/Abstract: Following the research of several Decisions of the SCJ as well as the practice of the Constitutional Court, several problems were identified related to the procedure of recognition as a suspect as well as the moment from which this term runs. The most question marks, regarding the recognition of the person as a suspect as well as the calculation of the legal term of this quality, were found specifically in the case of the application of some preventive measures: Provisional suspension of the driver's license of the means of transport (art. 182 CPP) as well as the removal from driving the means of transport (art. 1821 CPP).When applying these preventive measures, which aim to remove dangerous drivers from driving the means of transport, thus ensuring the safety of other traffic participants, does the person removed from driving the means of transport become a suspect? Regarding this aspect, there is no common opinion, but the local legislator expressly regulates such a situation, the subject we will address in this scientific article.

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