Interese contradictorii în materia arestării preventive. De la prezumţia de nevinovăţie la pericolul pentru ordinea publică (I)
Conflicting interests in the area of pre-trial detention. From the presumption of innocence to the threat to public order (I)

Summary/Abstract: The present study aims at reshaping the legal institution of pre-trial detention by highlighting both the inherent contradictions of this preventive measure and the conflicting interests to be protected in the context of granting and extending pre-trial detention. To this end, the study is divided into three parts, the present article representing the first part of the study. Dedicated to the interests of the accused in the context of pre-trial detention, this first part focuses on the artificial character of the presumption of innocence as a means of restricting pre-trial detention, as well as on the contents of the right to liberty, as the primary interest of the accused in this context. The second part of the study will cover the interests of society protected by way of pre-trial detention, emphasizing in particular the obscure interpretation of the threat to public order, as a ground for pre-trial detention. The third part of the study concentrates on the shortcomings of the Romanian judicial system regarding pre-trial detention, clearly identified over time in the European Court of Human Rights’ judgments against Romania. Throughout the study, the author tackles the issues of pre-trial detention by using an in concreto approach and striking a fair balance between the demands of general interest and individual rights, attempting at the same time to solve the contradictions between theory and practice in the area of pre-trial detention.

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