The role of non-custodial pre-trial measures in increasing the efficiency of public order missions. Digital and constitutional perspectives Cover Image
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The role of non-custodial pre-trial measures in increasing the efficiency of public order missions. Digital and constitutional perspectives
The role of non-custodial pre-trial measures in increasing the efficiency of public order missions. Digital and constitutional perspectives

Author(s): Florin Cazacu
Subject(s): Law, Constitution, Jurisprudence, Civil Law
Published by: Universul Juridic
Keywords: non-custodial measures; public order; smart policing; RED-P model; electronic monitoring; romanian gendarmerie;

Summary/Abstract: This paper analyses the impact of non-custodial pre-trial measures on the efficiency of public order missions and proposes a necessary transition from traditional, often static surveillance to an advanced Smart Policing model. The primary research objective is to demonstrate that integrating digital technologies, such as GPS electronic monitoring and geofencing systems, can significantly optimise the human resources of the Romanian Gendarmerie while enhancing community safety. The author introduces the RED-P (Risk Evaluation and Preventive Decision) model, an algorithmic tool designed to assist in the individualisation of judicial measures based on the suspect's risk profile. The analysis aligns European proportionality standards, as established by the jurisprudence of the European Court of Human Rights (e.g., Amuur v. France), with the operational requirements of the Ministry of Internal Affairs. The findings highlight that the digitalisation of judicial control is not merely a logistical optimisation but a constitutional safeguard for the right to individual liberty (Art. 53 of the Constitution), reducing the reliance on custodial measures.

  • Issue Year: 2026
  • Issue No: 01
  • Page Range: 190-199
  • Page Count: 10
  • Language: English
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