Termenele de regresiune în materia măsurilor preventive şi raţiunile instituirii acestora
Regression deadlines for preventive measures and the reasons for their establishment

Summary/Abstract: The present study wishes to make a brief analysis of the institution of atypical deadlines in criminal proceedings, namely deadlines that are not calculated in the natural sense of time flow, but in the opposite direction. In the first part, a brief overview of the classification criteria of deadlines will be made: procedural, substantial, recommendation, imperative or prohibitive. Also, with important implications is the classification of succession deadlines - regression deadlines. Regression deadlines are set out in the Criminal Procedure Code in the field of referral of the preliminary chamber judge, the court, the preventive arrest and home arrest. They also refer to a person in custody, preventive or domiciliary. By Decision no. 336/2015, the Constitutional Court established that the term of 5 days is a regressive deadline, it’s non-compliance being sanctioned with decay and nullity of the act done after the expiration of the deadline. This practically means that if a prosecutor submits to the judge the request for prolonging the arrest too late, the judge will not be able to order it, with the arrest ceasing ex lege. The reasoning of the Court has been to protect the rights of the defense, the right to study the case-file, and the judge's right to reasonably consider the case. If the situation with regard to preventive arrest has become clear, the law does not provide for sanctions with regard to home arrest. However, the courts have been adamant in applying the decision of the Constitutional Court, on the basis of similarity between the two situations. Hence, we have analyzed recent jurisprudence that deals in this regard. In the last part of the study, we evaluated the possibility of applying the same principles to the late referral of a preliminary chamber judge if the defendant is arrested or to the referral of the case to the trial judge in the same situation. In these cases, the law also provides regressive deadlines of 5 days, the reason for which seeming to be that of respecting the defendant's right to defense within a reasonable time.

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