Un „pas mic” în direcția unei abordări coerente în materia măsurilor asigurătorii în procesul penal. Analiza modificărilor aduse prin Legea nr. 70/2025
A “small step” towards a coherent approach to precautionary measures in criminal proceedings. Analysis of the amendments introduced by Law no. 70/2025

Summary/Abstract: The article aims to analyze the recent amendments to the institution of precautionary measures in criminal proceedings brought by Law no. 70/2025 amending and supplementing Law no. 135/2010 on the Criminal Procedure Code. It seeks to highlight both the impact of these changes on the activity of criminal judicial bodies and to provide answers to certain uncertainties that have arisen in case law during the application of the legislative amendments. Essentially, the amendments aim to provide enhanced procedural safeguards for the rights of the civil party when it comes to the imposition of precautionary measures, by establishing a clearer framework within which such a request can be made and ensuring that any possible rejection can be challenged. The amendments, however, give rise to several issues, such as the timing at which the prosecutor must rule on the civil party’s request for the imposition of precautionary measures, or the necessity of ensuring legal assistance during the preliminary chamber procedure or the trial phase.

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