Modalitatea de calculare a termenului de 5 zile prevăzut de art. 235 alin. 1 codul de procedură penală raportat la decizia CCR nr. 336/2015
The method of calculating the 5-day period provided for by art. 235 paragraph 1 of the Criminal Procedure Code reported to the decision of the CCR no. 336/2015

Summary/Abstract: According to Article 235 paragraph 1 of the Criminal Procedure Code, the proposal to extend preventive detention, together with the case file, must be submitted to the judge of rights and liberties at least 5 days before the expiration of the preventive detention period. In practice, the issue has arisen as to whether this is a forfeiture deadline, with non-compliance resulting in the absolute nullity of the proposal to extend preventive detention, or, on the contrary, whether it is merely a recommended timeframe.

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