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Practical Application of the Provisions of the Code of Criminal Procedure Regarding the Measure of Preventive Arrest

Author

Listed:
  • Nicolae Silviu Pană

    (Bachelor's degree from the University of Bucharest, Faculty of Law, master's degree from Nicolae Titulescu University, specialization in Business Law, lawyer in the Dambovita Bar)

  • Ana Maria Pană

    (MA, Faculty of Law and Administrative Sciences, Valahia University of Targoviste, Romania)

Abstract

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.

Suggested Citation

  • Nicolae Silviu Pană & Ana Maria Pană, 2021. "Practical Application of the Provisions of the Code of Criminal Procedure Regarding the Measure of Preventive Arrest," Logos Universalitate Mentalitate Educatie Noutate - Sectiunea Drept/ Logos Universality Mentality Education Novelty - Section: Law, Editura Lumen, Department of Economics, vol. 9(1), pages 24-32, December.
    • Handle: RePEc:lum:rev13d:v:ix:y:2021:i:1:p:24-32
    DOI: https://doi.org/10.18662/lumenlaw/9.1/53
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    More about this item

    Keywords

    preventive measures; preventive arrest; deprivation of liberty;
    All these keywords.

    JEL classification:

    • A23 - General Economics and Teaching - - Economic Education and Teaching of Economics - - - Graduate

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