Fundamentări teoretice și practice privind aplicarea/ prelungirea arestului preventiv și arestului la domiciliu
Theoretical and practical basis on the application/ extension of preventive arrest and house arrest

Summary/Abstract: Lately, the judicial practice in the Republic of Moldova with regard to the application of preventive measures of deprivation of liberty has witnessed an increased dynamism, related to the predominant application by national courts of house arrest, when the application of the harshest measure of constraint - pre-trial detention - is requested. This practice has started due to several factors, one of which is determined by the fact that the Republic of Moldova has lost a relatively large number of cases before the European Court of Human Rights in recent years, and a good number of them concerned violations of Article 5 - Liberty and security of person, of the European Convention on Human Rights. Thus, in order to develop this topic, it is necessary to conduct a careful analysis of the entire procedural mechanism for the application and extension of preventive custodial measures, in order to identify and resolve practical incidents currently existing in judicial practice.

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