Luarea măsurii preventive a controlului judiciar pe cauţiune în faza de cameră preliminară
Taking the Preventive Measure of Judicial Bail-Control during the Preliminary Chamber Phase

Author(s): Ion Flămînzeanu, Denisa Barbu
Subject(s): Criminal Law
Published by: Universul Juridic
Keywords: judicial control; preliminary chamber; verification; replacement; cessation of measure.
Summary/Abstract: If the measure of judicial control, namely that of judicial bail in the course of criminal prosecution, was ordered against the defendant, the Preliminary Chamber judge has the obligation to verify the legality and the merits of these measures within 3 days from the registration of the file, before the termination of their duration. The 3-day deadline is a term of recommendation, which does not have the nature of an imperative term, so exceeding this term does not lead to the cessation of the preventive measure, as the provisions of Art. 241 par. (1) lit. a) NCPP NCPP (New Criminal Procedure Code – NCPC). The Preliminary Chamber judge may order that the measure of judicial control/judicial control on bail (not taking such a measure, previously ordered during the criminal prosecution), replacing it with another preventive measure, the legal termination of the preventive measure. Verification of the legality and soundness of the measure of judicial control, ie judicial control on bail, is done in a council room, with the participation of the prosecutor and with the summoning of the defendant; legal assistance is mandatory in the cases provided by art. 90 NCPC. Subsequently, during the Preliminary Chamber procedure, the judge has the obligation to verify periodically, but not later than 60 days, if the grounds that led to the taking of the measure of judicial control, namely the judicial control on bail, under the sanction of the legal termination of the preventive measure.

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