Legal termination in preventive measures

• Author: Nadia Cantemir-Stoica
• Position: Definitive Attorney ? The Bucharest Bar; PhD Candidate ? Faculty of Law, 'Nicolae Titulescu' University of Bucharest (e-mail: av.nadiacantemir@yahoo.com).
• Pages: 141-153

LESIJ NO. XXII, VOL. 2/2015

LEGAL TERMINATION IN PREVENTIVE MEASURES

Nadia CANTEMIR-STOICA*

Abstract

This study will present the institution the legal termination of the preventive measures in light of

the new code of criminal procedure, which on the one hand expanded the scope of preventive measures

that can be taken against a defendant, and on the other hand has introduced new regulations which we

will refer at.

We will analyze the situation of each one of the preventive measures by the time the measure will

be legally terminated, with reference to the issues that were not covered by the legislature and not least

showing contradictions encountered in judicial practice.

Keywords: preventative measures, custody, reasonable time, preventive arrest, prosecution.

1. Introduction

The realities of juridical la w from the

period of the 1969 Criminal procedure code

have revealed a lack of promptitude while

carrying out criminal trials, overloading of

prosecuting offices and courts, an excessive

periods of time required by the procedures,

unjustified delays of trials, suspension of

cases because of procedural reasons a nd

significant social and human costs that have

thus generated a lack of trust in the ranks of

the trial participants regarding the

efficiency of the criminal justice act.

Out of these, aspects regarding

preventive arrest, the length of the

procedures, the arrangement of

responsibilities and evidence in criminal

matters have been the subject of a number

of trials at the European Court of Human

Rights in which Romania has participated

as a party. Taking all these into

consideration, the need to eli minate the

deficiencies that have caused Romania’s

 Definitive Attorney – The Bucharest Bar; PhD Candidate – Faculty of Law, “Nicolae Titulescu” University of

Bucharest (e-mail: av.nadiacantemir@yahoo.com).

1

For further details the Exposition of reasons for the law project regarding the criminal procedure code may be

consulted, www.just.ro

numerous convictions by the European

Court of Human Rights has become

evident

1

.

As such, there was a need for an

urgent legislative intervention that would

confer efficiency to the objectives that were

taken into account by the initiators of the

new codes, more precisely the acceleration

of the criminal procedures, simplifying

them and the creation of a unitary

jurisprudence in agreement with the

jurisprudence of the European Court of

Human Rights.

The present modification of the

Criminal procedure code are in the spirit of

the new trends in international criminal

politics preparing the juridical-criminal

conditions for a pan-European unification

in terms of criminal le gislation. We thus

observe that the explicit reglementation of

the principle of p roportionality is being

carried out to each preventive measure in

terms of the seriousness of the accusation

brought upon an individual, as well a s the

principle of the crucialness of such a