Mandatul de aducere şi perspectiva jurisprudenţei CEDO asupra dreptului la libertate
The Bench Warrant and the Perspective of the ECtHR Case Law on the Right to Liberty

Summary/Abstract: The present article analyses the criminal law provisions regarding the apprehension of a person by bench warrant and their compatibility with the case law of the European Court of Human Rights. The main goal is to critically and constructively examine the institution of the bench warrant and the cases in which the national regulation does not respect the standard imposed by the Convention. Thus, the article analyses the problems regarding the legality of the deprivation of liberty, the reasoning behind the necessity of issuing a bench warrant, the appeal against an unlawful deprivation of liberty, and the existence of a remedy for unlawful deprivation of liberty.

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