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Prelungirea arestării preventive și egalitatea de tratament
Extension of preventive arrest and equality of treatment

Author(s): Norel Neagu
Subject(s): Law, Constitution, Jurisprudence
Published by: Uniunea Juriștilor din România
Keywords: preventive arrest; extension; contestation; equality of arms; equality of treatment.

Summary/Abstract: The extension of the preventive arrest is one of the instruments available to the judicial bodies in order to remove some threats to public order, undermining at the same time a fundamental right of the defendant, the right to freedom. The procedure of extension of the preventive arrest must respect the right to a fair trial, as regulated in the international conventions and the internal provisions. This article analyzes the possibility of breaching the principles of equality of arms and of equality of treatment in the procedure of judging the contestation against the decision to extend the preventive arrest measure.

  • Issue Year: 2018
  • Issue No: 03
  • Page Range: 130-139
  • Page Count: 10
  • Language: Romanian
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