The Legal Nature of Administrative Detention

• Author: Aldea, A.
• Position: Law Faculty, Transilvania University of Brasov
• Pages: 27-32

Bulletin of the Transilvania University of Braşov

Series VII: Social Sciences • Law • Vol. 5 (54) No. 2 - 2012

THE LEGAL NATURE OF

ADMINISTRATIVE

DETENTION

Adrian ALDEA 1

Abstract: Administrative or constabulary detention is the first measure

involving deprivation of liberty that the police officers applies in extenso

when initiating criminal investigations. Following the amendment of the

jurisprudence of the European Court of Human Rights a more rigorous

regulation of the circumstances and situations in which such a measure

becomes effective is required.

Key-words: detention, criminal investigation, deprivation of liberty,

constitutionality.

1 Law Faculty, Transilvania University of Braşov.

1. Introduction

Deprivation of liberty as an

administrative measure of taking into

police custody is stipulated by art. 31

paragraph (1) letter b) from Law no

218/2002 regarding the organisation and

operation of the Romanian Police.

In order to perform his duties, according

the police officer is vested with public

authority, having in this respect a se ries of

cardinal rights and obligations.

Wit h regard to the judicial domain of

private liberty, according to article 31,

paragraph (1) letter b) from Law no

218/2002 - "While performing his duties,

according to the law, the police officer is

invested with the power of public authority

and has the following leading rights and

attributions : [...]

b) to accompany to the police station

those individuals, who through their

actions endanger the life of other human

beings, public order or other social values

as well as those individuals that are

suspected to have committed offences,

whose identity could not be established by

law; in case of not complying with the

police officer's orders, he may use force;

the probation of such situations and

individuals and taking legal measures,

where appropriate, must be performed

within 24 hours " - the police officer has

the right to take into police custody the

individuals who, through their actions,

endanger the life of other human beings,

imperil the public order or other social

values, as well as those suspect of breaki ng

the law, whose identity could not be

established according to the law; in case of

non-compliance with his dispositions, the

police officer is entitled to use force.

The text legally qualifies the nature of

this measure which implies a form of

deprivation of liberty, including it in the

judicial category of administrative

measures.