22. Evaziune fiscală. Criterii avute în vedere la aprecierea pericolului pentru ordinea publică. Analiza ingerinţei proporţionalităţii aduse dreptului la viaţă intimă, familială şi privată, inerente stării privative de libertate
22. Tax evasion. Criteria considered in assessing the danger to public order. The analysis of the interference of proportionality with regard to the right to privacy, family and private life, incident to the deprivation of freedom

Summary/Abstract: Upon settlement of the proposal of preventive arrest for having committed certain allegedly offenses of tax evasion, provided by art. 9 para. (1) letter b) and para. (3) of the Law no. 241/2005, with the application of art. 41 para. (2) of the criminal Code, it is to verify, in the light of art. 136 of the Code of criminal procedure, whether the purpose of the preventive measures can be achieved by investigating the defendants without being detained. Their family condition is not the only criterion to be considered for the settlement of the proposal of arrest. The court considers that the arrest of the defendants, husband and wife, is not per se a violation of the principle of humanism, where the interference with the right to family life incident to their deprivation of freedom is proportional to the aim pursued, namely to ensure the proper evolution of the criminal trial when the defendant’s contribution to committing the offenses cannot be understated.

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