2016

Ioan-Paul CHIȘ, Confirmation of Pre-trial Detention. Procedure remedy. Jurisdiction. Solutions

Abstract: According to the first sentence of art. 5 alin. (3) ECHR, „Everyone arrested or detained in accordance with the provisions of paragraph 1 (c) of this Article shall be brought promptly before a judge or other officer authorized by law to exercise judicial power who will decide if there are sufficient reasons which justify the detention, and, if there are lacking, will order the release of the arrested person.

The New Criminal procedure code, throughout the provisions of art. 231, provides the framework within the arrested in absence is headed, within 24 hours, to the judge who took the measure, who will analyze the accused statement throughout the evidence gathered and the reasons which were took into consideration previously, and who will decide the confirmation of the measure, or, when the measure were taken by infringement of the law or unjustified, who will revoke or replace it with other measure less hard.

This study aims to point out the scope of the institution, the legal nature of the 24 hour deadline, the jurisdictional competence and, finally, the rulings which can be said. Also there will be some alerts of the provisions imperfection and a few proposals of lege ferenda.

Key-words: arrest, measure confirmation, measure termination enforced by the law, hearing the arrested person 


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