Review of precautionary measures after the court has been seised by indictment. The time limit for the first review in the preliminary chamber, the legal nature of that time limit, and the sanction for failure to review within time Cover Image

Verificarea măsurilor asigurătorii după sesizarea instanței prin rechizitoriu. Termenul privind prima verificare în camera preliminară, natura termenului și sancțiunea neverificării în termen
Review of precautionary measures after the court has been seised by indictment. The time limit for the first review in the preliminary chamber, the legal nature of that time limit, and the sanction for failure to review within time

Author(s): Francisc-Gabriel Trache
Subject(s): Law, Constitution, Jurisprudence, Criminal Law
Published by: Facultatea de Drept, Universitatea din București
Keywords: precautionary measures;preliminary chamber; Article 2502 of the Code of Criminal Procedure; first review; six-month time limit; one-year time limit; cessation by operation of law;

Summary/Abstract: This article examines the issue of reviewing precautionary measures after the court has been seised by indictment, a matter that has generated doctrinal controversy and inconsistent judicial practice. The analysis focuses on determining the time limit applicable to the first review carried out by the preliminary chamber judge, as well as the legal nature of that time limit, where the measure was imposed or maintained during the criminal investigation by prosecutorial order. In this context, the article addresses both the immediate applicability of the one-year time limit specific to the trial stage and the view according to which the first review must be carried out within the six-month period calculated from the date on which the measure was imposed or from the date of the last review conducted by the prosecutor.

  • Issue Year: 2026
  • Issue No: 1
  • Page Range: 277-292
  • Page Count: 16
  • Language: Romanian
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