ARESTAREA PREVENTIVĂ PE „SUSPICIUNI REZONABILE” ÎN LUMINA NOILOR DISPOZIŢII PROCESUAL PENALE
THE DETENTION OF PERSONS DURING A CRIMINAL INVESTIGATION BASED ON THE „REASONABLE SUSPICION” OF COMMITING A CRIME, IN THE LIGHT OF THE NEW PENAL PROCEDURE CODE

Summary/Abstract: The New Penal Procedure Code was enforced on the 1th of February 2014, which brought a series of major changes regarding the penal procedure institutions, as they were known by then. One of the most important, reported to the negative effects produced to the right of freedom, as a constitutional right of every person, are the changes brought to the measures of prevention. Shortly after the enforcement of the new code, new changes have been made regarding the measures of prevention, generated by some omissions in the new penal procedure law or by the fact that some legal texts were uncorrelated, which made the use of the institutions difficult. In the context of legal instability, new projects of changing the law have been initiated. One of those, under the declared purpose of bringing higher protection against arbitrary and abuse of power, threaten to make the use of these institutions more difficult, but not in the benefit of the penal trial. Among these projects, two of them are very interesting to analyze, by the changes that they propose, which one hand contain a lot of uncorrelated texts with the legal norms in use, and on the other hand tend to restrain the possibility of using the institution of arrest, without taking in consideration the negative consequences on the penal trial or even on public security.

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