Trib. Constanța, Secția penală, Încheierea nr. 686/22.10.2020 (Studiu de Caz)
Constanta Tribunal, Penal Section, Decision no. 686/22.10.2020 (Case Law Study)
Author(s): Bogdan Mihai DumitruSubject(s): Law, Constitution, Jurisprudence, Criminal Law, Court case
Published by: C.H. Beck Publishing House - Romania
Keywords: replacement of preventive detention with judicial control; obligation to follow a medical treatment; detoxification; appeal accepted; the active role of the judge;
Summary/Abstract: The judge of rights and liberties has the possibility to order the taking of the measure of judicial control during the criminal prosecution to oblige the defendant in question to follow a treatment for the purpose of detoxification. The relevant legal issue considers whether it is necessary to nominate the health unit within which the treatment has been carried out within the judge's decision or it is left to the discretion of the judge. Also subject to analysis is the need for the existence of an evaluation and recommendation of a specialist doctor in the case file for this obligation to be instituted.
Journal: Curierul judiciar
- Issue Year: XXI/2022
- Issue No: 5
- Page Range: 298-300
- Page Count: 3
- Language: Romanian
- Content File-PDF