18. Tentativă la omor. Arestare preventivă. Inoportunitatea înlocuirii măsurii privative de libertate cu o altă măsură restrictivă, mai uşoară
18. Attempted murder. Preventive detention. Inopportuneness of replacing the custodial measure by another restrictive measure, more gentle

Summary/Abstract: According to the case law of ECHR (N. v. Austria, of 27 June 1968), when maintaining a person in detention, the magistrates should not refer only to the seriousness of the facts, but also to other circumstances, especially in relation to the character of the concerned person, to her morality, residence, profession, material resources, here relationships with the family. When appreciating the concrete danger that the release of the defendant would cause to the public order, one could consider the nature and the increased seriousness of the criminal activity with which he is charged – reflected in the sentencing regime applicable to him, the supposed manner of committing the respective deeds, the strong negative response that such deeds generate on public opinion, elements which, in an objective and reasonable way, justify any firm and credible reactions on the part of judicial bodies.

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