Autor: Ionel GRIGORIE

Publicat în: Revista de Științe Juridice Nr. 2/2015

Disponibil online: aici.

Short considerations on custodial preventive measures in the regulation of the new Criminal Procedure Code

Abstract: The article proposes an approach to the elements the novelty of the new Code of Criminal Procedure safeguards of individual liberty and personal security preventive measures in relation to deprivation of liberty which may be ordered in criminal proceedings. Examination of the principle of proportionality in taking preventive measures according to the seriousness of the accusation and the need for attaining the desired person by ordering it is an obligation for judges hearing the case. This analysis of compliance with the principle of proportionality requires a dual control of necessity and suitability. Individual freedom established in Article 23 Rule of the Constitution is a character of principle should not be understood as absolute, but only in the sense that liberty is the rule and restriction of the exercise can only exceptional and may only intervene in order major defense interests.

Keywords: individual liberty; security of person; the principle of proportionality; restriction of rights and freedoms; preventive measures.