Autor: Andrei-Dorin BĂNCILĂ
Publicat în: Revista Dreptul nr. 5/2017
Disponibil online: aici.
Titlul lucrării în engleză: Non-unitary interpretation of the provisions of Article 227 (1) of the Criminal Procedure Code and the consequences on the execution of the preventive measures ordered by the judge of rights and freedoms
Abstract: The study deals with the manner in which the provisions of Article 227 (1) of the Criminal Procedure Code should be interpreted. It emphasizes that, although it should have been a relatively easy activity, by reference to the historical perspective, to the evolution of the texts which regulated this matter over time and to the rules set by the ECHR case law with reference to the preventive deprivation of liberty, reality proved that the judicial practice had encountered serious difficulties in interpreting and applying the provisions in question, with important repercussions also on other institutions in relation to the preventive measures. This doctrinal approach intends to analyze the different interpretations of Article 227 (1) of the Criminal Procedure Code and to propose a thoroughly reasoned manner of interpretation and application.
Keywords: Article 227 (1) of the Criminal Procedure Code; remand on custody; preventive arrest; rejection of the proposal of preventive arrest; immediate release; execution of preventive measures; Article 5 paragraph 3 of the European Convention on Human Rights and Fundamental Freedoms.
