Adverse Legislative Aspects Regarding the Preventive Measure of House Arrest
Adverse Legislative Aspects Regarding the Preventive Measure of House Arrest

Author(s): Bogdan David
Subject(s): Constitutional Law, Human Rights and Humanitarian Law
Published by: Scientia Moralitas Research Institute
Keywords: house arrest; pre-trial detention; execution; deprivation of liberty;
Summary/Abstract: House arrest is the second preventive measure of deprivation of liberty, as noted in decision no 361/2015 of the RCC: “from the perspective of nature/substance, duration, effects, method of execution and intensity, both the measure of pre-trial detention and the preventive measure of house arrest concern a major interference in the person’s right to individual liberty”. We will analyze the preventive measure of house arrest from the perspective of guaranteeing the principle of legal certainty, but we will also argue the wrong classification of this measure in the category of custodial measures although, as regulated by the legislator, although it should be in the category of restrictive measures rights. Thus, the legislature did not take into account the essential element of a custodial measure, namely that of the manner in which it is enforced and its intensity. We will emphasize in this approach that the measure of house arrest does not meet the values of legal equivalence of a measure of deprivation of liberty in relation to the measure of pre-trial detention, but it approaches in terms of content, with a restrictive measure of rights, such as the institution of judicial review.

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