The guarantee of the person’s right to liberty and security before the national courts and the European Court of Human Rights, referring to the reason Cover Image
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Garantarea dreptului la libertate si siguranłă al persoanei în fała instanłelor de judecată nałionale si în fała curłii europene a drepturilor omului,
The guarantee of the person’s right to liberty and security before the national courts and the European Court of Human Rights, referring to the reason

Author(s): Carmen Popa
Subject(s): Law, Constitution, Jurisprudence
Published by: Universul Juridic
Keywords: reasonable term of detention; reasonable term of procedures; fair court process; guarantee

Summary/Abstract: If during the criminal investigation, the preventive detention of the juvenile or adult defendants cannot exceed a certain period of time (180 days for the adults and 60 or 90 days for minors between 14-16 of age and those older than 16) the Romanian legislation does not refer to the reasonable term in the field of the first instance court, the national judge will only have to apply 5 paragraph 3 from the European convention. From this point of view, turning to the ECHR jurisprudence, of the criteria taken into consideration by the European Court on this particular subject is the real benefit of the practitioners. It is mandatory to be adopted as soon as possible of some regulations applicable to the reasonable term of the preventive detention and in judicial investigation phase, in order to align the national legislation to the requirements of the community law and for a better and operative management of the act of justice.

  • Issue Year: 2010
  • Issue No: 01
  • Page Range: 273-280
  • Page Count: 8
  • Language: Romanian