Controlul judiciar – luarea măsurii de către procuror fără audierea prealabilă a inculpatului
Judicial control – the taking of a measure by the prosecutor without a preliminary hearing of the defendant

Summary/Abstract: The overall opinion expressed by the legal doctrine and supported by case-law is that, prior to the disposal of judicial control during the criminal prosecution concerning the defendant, without him being detained, his hearing shall be mandatory in order to exercise his right of defence and enable the prosecutor to supplement the evidence that substantiates this decision. Though, we believe that if the defendant is unjustifiably absent at the summon before the prosecutor, the latter may dispose this preventive measure even without a preliminary hearing of the defendant, when he considers that a more restrictive measure is not necessary.

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