Încetarea de drept a unei măsuri preventive privative de libertate prelungite în condiții de nelegalitate în cursul urmăririi penale
De jure cessation of a preventive measure of deprivation of liberty extended under conditions of unlawfulness in the course of the criminal prosecution

Summary/Abstract: During the criminal prosecution, the judge of rights and freedoms has the strict obligation to rule on the preventive measures under the formal conditions provided by the criminal procedural legislation. A wording from the operative part of a interlocutory judgement to extend the measure of arrest that violates the functional competence of the judge of rights and freedoms leads to the absolute nullity of the respective interlocutory judgment, with the consequence of the need to establish the incidence of the respective case of absolute nullity, as well as with the subsequent consequence of establishing the legal cessation of the measure of preventive detention.

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