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Durata arestării preventive. Mod de apreciere
Time of preventive arrest

Author(s): Loredana Pîrvu
Subject(s): Law, Constitution, Jurisprudence, Criminal Law
Published by: Editura Sitech
Keywords: charged; indicted; reasonable; preventive arrest;

Summary/Abstract: Unlike during the preventive arrest of the accused, that both the criminal investigation, and during the trial, according to existing provisions of art. 146, para. 9 and art. 147 Criminal Procedure Code is a maximum of 10 days and cannot be prolonged, the duration of the preventive arrest of the defendant, ordered pursuant to art. 149, para. Criminal Procedure Code during a criminal prosecution is within 30 days, but in the latter case it is possible the preventive arrest of the longer legal under Art. 155 to 159 Criminal Procedure Code. The legal possibility of extending the preventive arrest of the defendant gave rise to a long series of discussions and an extensive national and international judicial practice by the European Court of Human Rights. All this despite the fact that the total duration of successive extensions of preventive arrests were limited to a reasonable time not to exceed 180 days (Article 23, paragraph 5 of the Constitution, Art. 159, para. 13 C. pr.pen)

  • Issue Year: II/2013
  • Issue No: 2
  • Page Range: 19-26
  • Page Count: 7
  • Language: Romanian