The preventive arrest of a person in preventive detention status

Author:Bogdan Micu
Position:Associate Professor, PhD, Faculty of Law, ?Nicolae Titulescu' University of Bucharest (e-mail:
Bogdan MICU
The paper a ddresses a pra ctical issue of great relevance, namely that of opportunity and uti lity
of preventive arrest of a person who is alrea dy in detention in another ca se. The issue is also extended
and other preventative measures and is rela ted to the fulfillment of the requirement of “threat to public
order” imposed to be met in this matter.
Keywords: preventive arrest, house arrest, danger to public order, preventive measures.
1. Introduction
In judicial proceedings in the field o f
criminal law, it is often found the need to
have and enforce preventive measures aimed
mainly to ensure the proper conduct of the
criminal trial. Under no circumstances,
however, such measure s, which have a
negative impact on the rights and freedoms
of the persons referred to may be taken if the
general and special conditions required by
the law are not met.
As indicated by art. 202 para. (4)
Criminal Procedure Code, the preventive
measures are: arrest, judicial review, judicial
review on bail, house arrest and preventive
arrest. The choice of either of these measures
with regard to a concrete situation will be
taken based on the fulfillment of the legal
conditions, but also in agreement with the
principle of proportionality also provided for
in art. 202 para. (3): any preventive
measure shall b e proportionate to the
seriousness of the accusation of the person
to whom it is taken and it is needed for the
Associate Professor, PhD, Faculty of Law, „Nicolae Titulescu” University of Bucharest (e-mail:
achievement of t he aim pursued through its
In recent jurisprudence, we could
notice the trend of ta king the measure of
preventive arrest, the most severe of the
preventive measures, with regard to persons
who were already in the custody of the State,
either they were in the situation of serving a
sentence, or they were the subject of another
preventive arrest warrant. With regard to this
practice, we appreciate that it is inconsistent
with the conditions under which it may order
the preventive arrest. To argue this opinion,
we will proceed, first of all, to analyze the
conditions that must be met for the
preventive measure of arrest to be ordered.
2. The co nditions under which the
preventive arrest of a person may be
Thus, firstly, to take the preventive
measure of arrest in the custody of the State,
it needs to be found that the measure is
necessary to ensure the general goal of

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