Part I

Andrei ZARAFIU, Assistant Professor, Ph.D. Candidate, Process phases of the defendant’s police custody
Each law branch recognizes, despite the organic evolutions and transformations, and beyond any national particularity, fundamental institutions, the true legal constancies that are present in ant law system and in any historical moment.

Thus, that which for the civil law is the institution of property or that which for the criminal law is the institution of punishment, is for the process law the institution of police custody.

The excessive content of this measure as well as the negative consequences it presupposes against the fundamental right to freedom, require the strict compliance with both the normative framework where the measure exists as well as with the warrantees offered by the fundamental principles of presumption of innocence and warranty of the person’s freedom in the criminal trial.

In this article I have tried to underline the process phases of taking the measure of the defendant’s police custody, highlighting the logical and legal paradox which allows in our legal system, the deprivation of freedom of a person for whom there is not enough data and in order to start the criminal proceedings, transforming him/her into a person indicted.

Furthermore, within the framework of the international judicial cooperation in criminal matters, I have also analyzed a special form of deprivation of freedom, and that is the provisional arrest ordered in the procedure of extradition, under the regulations of the Law no. 302/2004.

Keywords: police custody, the right to freedom, presumption of innocence, starting the criminal proceedings, the international judicial cooperation in criminal matters, provisional arrest, extradition
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