BRIEF CONSIDERATIONS ON JUDICIAL CONTROL AND THE INFLUENCE IT CAN HAVE ON THE FAMILY OF THE PERSON UNDER CRIMINAL INVESTIGATION Cover Image

BRIEF CONSIDERATIONS ON JUDICIAL CONTROL AND THE INFLUENCE IT CAN HAVE ON THE FAMILY OF THE PERSON UNDER CRIMINAL INVESTIGATION
BRIEF CONSIDERATIONS ON JUDICIAL CONTROL AND THE INFLUENCE IT CAN HAVE ON THE FAMILY OF THE PERSON UNDER CRIMINAL INVESTIGATION

Author(s): Alexandru Boroi, Georgian Toma
Subject(s): Law, Constitution, Jurisprudence, Civil Law
Published by: Editura Hamangiu S.R.L.
Keywords: judicial control; preventive measure; criminal investigation; defendant;

Summary/Abstract: Judicial control is a procedural instrument that restricts the rights and freedoms of the defendant, in order to achieve the purpose of the criminal trial, by preventing the suspect from evading criminal prosecution and committing other crimes. Recently, the institution of judicial control has been subject to criticism from the doctrine, as well as from judicial practice, which have highlighted a number of contradictions in the legal texts. The recent decisions of the Constitutional Court and the High Court of Cassation and Justice are intended to fill in and correct these shortcomings, but these modifications sometimes prove to be achieved too late, as they have already produced legal consequences. Even if at first sight, the measure of judicial control does not seem to have a decisive influence on the family of the investigated, there may be situations in which, due to the very long period of ordering such a preventive measure, negative influences can be found.

  • Issue Year: 2021
  • Issue No: IX
  • Page Range: 423-433
  • Page Count: 11
  • Language: English