Autor: Andrei-Viorel IUGAN
Publicat în: Challenges of the Knowledge Society 2018
Disponibil online: aici.
Abstract: The judicial control on bail is one of the five preventive measures provided by the New Criminal Procedure Code. The faulty way of regulating the preventive measure of judicial control on bail has determined an extremely low applicability of this preventive measure in the judicial practice of our country. Both in doctrine and jurisprudence there is controversy over the procedure to be followed in order to take the measure of judicial control on bail. In a doctrinal opinion it was shown that there is a preliminary stage of admissibility in principle and that the provisions of art. 242 C.P.P. shall be applied by analogy. This is one of the problems we intend to analyze in our study. In the Western countries legislation, such a measure is widespread, being considered a viable alternative to the deprivation of liberty. The threat of losing a very large amount of money will obviously cause the defendant to weigh heavily the way he respects the obligations imposed by the judicial bodies. The jurisprudential controversies previously described with regards taking this measure, controversies born from the very wording used by the legislator, prompted many prosecutors to be reluctant to order / take such a measure. We hope that in the future, the regulation of judicial control will be given greater attention and this preventive measure will truly become a genuine alternative to custodial preventive measures.
Keywords: preventive measures; bail; judicial control; prosecutor; court.