O nouă măsură preventivă - arestul la domiciliu
A NEW PREVENTIVE MEASURE – THE HOUSE ARREST

Summary/Abstract: This paper addresses one of the novelties of the Criminal Procedure Code, in matters of preventive measures taken against the individual, i.e. the house arrest. The novelty of the criminal procedural legislation in matters of preventive measures is that they will be disposed only in accordance with the principle of the measure’s proportionality in relation to the gravity of the offense and with the principle of the need to take the measure to achieve the desired purpose. This paper presents the in extenso analysis of the preventive measure of house arrest, i.e. the presentation of the judiciary authority that can dispose the measure (the rights and freedoms judge, the preliminary hearing judge and, last but not least, the court, during trial), the procedural act through which the measure is disposed and the means of appeal against it, the duration of the measure and its replacement, the revocation and termination of the home arrest. The ECHR practice, as well as the doctrine, should be emphasized in regards to the deprivation of liberty via the house arrest of someone; it should be done by constraining a person to remain in a certain space, which shall not be left in a reasonable amount of time. Following the jurisprudence of the European Court of Human Rights, as well as the models of the Criminal Procedure Codes of the EU member states, especially the Italian one, the new Criminal Procedure Code, entered into force on February 1st 2014 provides a large array of custom-tailoring the preventive measures by regulating the house arrest.

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