Termination of preventive measures – comparative law issues

Autor: Nadia CANTEMIR – STOICA
Publicat în: Challenges of the Knowledge Society 2017
Disponibil online: aici.
Abstract: Preventive measures are one of the most important institutions of the criminal procedural law, because of the fact that by taking it the freedom of the citizen is restricted – one of the most important constitutional rights. The legislator had a difficult task when it approved the rules governing the conditions for making, revocation and termination of the preventive measures, being necessary to balance the security of criminal procedures on one hand and freedom of the investigated citizen on the other hand. In this study we intend to analyze the institution of legal cessation of preventive measures, reviewing a comparative presentation with other states that have chosen to regulate the procedural measures. Not lastly, we will notify the identified inconsistencies and will issue the legislative proposals so that the provision should not be criticized by its recipient.
Keywords: preventive measures; termination of the right; comparative law; prosecutor; house arrest.