MĂSURILE PREVENTIVE PRIVATIVE DE LIBERTATE – ÎNTRE RESTRÂNGEREA LIBERTĂŢII INDIVIDUALE ŞI PROTECŢIA DREPTURILOR FUNDAMENTALE
PREVENTIVE MEASURES INVOLVING DEPRIVATION OF LIBERTY – BETWEEN THE RESTRICTION OF INDIVIDUAL FREEDOM AND THE PROTECTION OF FUNDAMENTAL RIGHTS

Summary/Abstract: The paper examines the legal framework governing preventive measures involving deprivation of liberty from the perspective of balancing the efficiency of criminal proceedings with the protection of fundamental rights. The analysis is grounded in the provisions of the Romanian Code of Criminal Procedure concerning pre-trial detention and house arrest, interpreted in light of the principles of legality, subsidiarity, proportionality, and reasonable duration. The study incorporates the standards established by the European Court of Human Rights as well as the jurisprudence of the Constitutional Court of Romania regarding the guarantees of the right to liberty, human dignity, and a fair trial. The article advances an integrated approach to the inherent tension between procedural efficiency and the imperatives of safeguarding individual liberty, emphasizing the essential role of the judge in maintaining this delicate balance. It concludes by proposing reform directions aimed at expanding alternatives to detention, strengthening judicial review, and fostering a judicial culture grounded in proportionality. The study ultimately argues that preventive detention must remain an exceptional measure, justified only when it is lawful, necessary, proportionate, and temporary.

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