Open AccessPractical Application of the Provisions of the Code of Criminal Procedure Regarding the Measure of Preventive Arrest
Author(s) -
Nicolae Silviu Pana,
Ana Maria Pana
Publication year - 2021
Publication title -
logos, universality, mentality, education, novelty. section law
Language(s) - English
Resource type - Journals
eISSN - 2458-1046
pISSN - 2284-5968
DOI - 10.18662/lumenlaw/9.1/53
Subject(s) - legislator , suspect , criminal code , criminal procedure , law , political science , enforcement , commission , criminal law , psychology , misdemeanor , preventive detention , criminology , legislation
Preventive measures are coercive criminal law enforcement institutions, aimed at the deprivation or restriction of individual liberty, by which the suspect or defendant is prevented from undertaking certain activities that would adversely affect the conduct of the criminal proceedings or the achievement of its purpose. They have been instituted by the legislator for specific purposes, namely: to ensure the proper conduct of criminal proceedings, to prevent the abstraction of the suspect or defendant from trial and to prevent the commission of new offenses (art. 202 para. 1 of the Criminal Procedure Code). Preventive measures are not inherent in any ongoing criminal trial, but are exceptional measures (art. 9 para. 2 of the Criminal Procedure Code), and the court can decide to sease the measure or make use of the measure in the light of the specific circumstances of each case. Of the five preventive measures, three are deprivation of liberty - detention, house arrest and pre-trial detention, and two are non-custodial: judicial control and judicial control on bail. All these measures are only applicable to the natural person. Specific preventive measures may be taken against legal persons, but those are regulated by the provisions of art. 493 of the Criminal Procedure Code.