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
SUMMARY

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... (see full summary)

 
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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

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