Luarea măsurilor preventive în ultimă instanţă. Lipsa unor căi de atac. Neconstituţionalitate?
Taking Coercive Measures in the Last Court. Lack of Remedies. Unconstitutionality?

Summary/Abstract: This article analyses the problematic situation where coercive measures are imposed on a subject during the appeal phase of the trial whi­le the subject lacks the right to appeal against the measures, by studying the parallel between the former Romanian Criminal Code and the latter Romanian Criminal Code. Also, the study analyses the legal practice of the Romanian High Court of Cassation and Justice and the possibility of declaring the unconstitutionality of the legal provision that limits a subject’s right to effectively appeal against a coercive measure imposed upon themselves.

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