Revocarea și înlocuirea măsurii arestării preventive, în condițiile incidenței Deciziei nr. 553/2015 a Curții Constituționale a României. Pericolul pentru ordinea publică
Revoking and replacement of the remand in custody measure in the context of the incidence of Decision no. 553/2015 of the constitutional Court of Romania. Hazard for public order

Summary/Abstract: Even if, based on Decision no. 553 of the Constitutional Court of Romania, it was found that the phrase ”drug trafficking” under art. 223 paragraph (2) of the new Criminal Procedure Code is non constitutional, one cannot claim that the grounds considered when taking measures for remand in custody against the accused ceased, in order to revoke the measure, since they had not been subjected to remand in custody for the perpetration of the offence involving drugs trafficking, but for other offences. In this case, it is not mandatory to replace the measure involving remand in custody with another milder preventive measure, since the hazard for public order subsists.

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