The regulation of preventive detention in the legislation of some european countries Cover Image

Reglementarea arestului preventiv în legislația unor țări europene
The regulation of preventive detention in the legislation of some european countries

Author(s): Ghennadi Epure
Subject(s): Law, Constitution, Jurisprudence, Criminal Law
Published by: Academia “Stefan cel Mare” a MAI al Republicii Moldova
Keywords: Preventive measure; house arrest; remand in custody; duration of remand in custody; restrictions, investigating judge; etc;

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. However, for an empirical analysis of this topic, comparative research of the institution of pre-trial detention with the way this preventive measure is regulated in the legislation of European countries, such as: Norway, Germany, etc.

  • Issue Year: 1/2024
  • Issue No: 20
  • Page Range: 260-283
  • Page Count: 24
  • Language: English, Romanian
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