New Regulations regarding the Judicial Authorities Deciding on Preventive Detention

• Author: Aldea, A.
• Position: Law Faculty, Transilvania University of Brasov
• Pages: 45-52

Bulletin of the Transilvania University of Braşov

Series VII: Social Sciences • Law • Vol. 7 (56) No. 1 - 2014

NEW REGULATIONS REGARDING THE

JUDICIAL AUTHORITIES DECIDING ON

PREVENTIVE DETENTION

Adrian ALDEA1

Abstract: The new Romanian Criminal Procedure Code, ruling from 1st of

February 2014, brings a new philosophy regarding the judicial authorities

that may order preventive detention within criminal investigation

proceedings. The previous regulations simply enumerated the judicial

authorities responsible for deciding preventive detention while the new law

describes the judicial duties of these authorities, allowing the lawmakers

much more flexibility in designating the authorities in charge with preventive

detention.

Key words: preventive detention, judicial police, prosecutor, authority,

criminal investigation.

1 Law Faculty, Transilvania University of Braşov.

1. Introduction

According to article 209 paragraph 1 of

the Criminal Procedure Code, the detention

of a person, as a preventive measure, shall

be ordered by the criminal investigation

body or by the Prosecutor.

The prosecutor and the criminal

investigation bodies, as stated within

articles 29 and 30 of the Criminal

Procedure Code, are specialized state

bodies that perform judicial workings and

also take part in criminal proceedings

alongside lawyers, parties, main procedural

subjects and other procedural subjects.

The criminal investigation bodies

referred to in article 209 paragraph 1 of

Criminal Procedure Code, are investigation

bodies of the judicial police and special

criminal investigation bodies as stipulated

within article 55.

Unlike the Criminal Procedure Code

from 1968, the ruling Criminal Procedure

Code defines the investigation bodies of

the judicial police and special bodies of

criminal investigation in terms of their

duties.

Thereby, the responsibilities of the

judicial police investigators are performed

by skilled workers of the Ministry of

Administration and Interior specifically

designated under the special law that

received the assent of the General

Prosecutor's Office attached to the High

Court of Cassation and Justice or the

assent of the prosecutor assigned in this

regard.

2. Criminal investigation bodies

Law no. 364 from 15 September 2004 on

the organization and operation of the

judicial police is the rule that establishes

the general running of the cri minal