Obligaţia de a ţine cont de durata măsurii interzicerii de a nu părăsi ţara/localitatea la calculul termenului pe care se poate lua măsura controlului judiciar
The obligation to take into account the duration of the measure prohibiting the person from leaving the country/locality when calculating the period during which the judicial control measure can be taken
Author(s): Loredana Basamac, Adrian Bănică Tudor, Andreea Roxana MihaiSubject(s): Law, Constitution, Jurisprudence, Civil Law
Published by: Universul Juridic
Keywords: judicial practice; judicial control; Criminal Code; procedural measures; duration calculation;
Summary/Abstract: Judicial practice has outlined two approaches regarding the consideration, in calculating the maximum duration of judicial control, of the period during which the defendant was prohibited from leaving the locality or the country under the previous Criminal Code, as follows: The first opinion holds that judicial control and the prohibition on leaving the country/locality are distinct measures, and therefore the duration of the measure imposed under the old law cannot be deducted from the duration of judicial control.
Journal: Revista Themis
- Issue Year: 2016
- Issue No: 01
- Page Range: 30-32
- Page Count: 3
- Language: Romanian
