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The preventive arrest of the accused/defendant in Romania


Author: Bîndar Valerică
Degree:doctor of law
Speciality: 12.00.08 - Criminal Law (with specification: Criminal Law, Criminology, Criminal Procedure Law, Criminalistics, Judicial Expertise, Executional Law; Theory of The Operative - Investigation Activity)
Year:2009
Scientific adviser: Mihai Gheorghiţă
doctor habilitat, professor, Free International University of Moldova
Institution:
Scientific council:

Status

The thesis was presented on the 10 April, 2009
Approved by NCAA on the 5 November, 2009

Abstract

Adobe PDF document – 0.32 Mb / in romanian

Keywords

attachment, arrest, preventive measure, preventive arrest, penal law science, process penal law science, accused, defendant, processual guarantees, not guilty presumption, preventive arrest of the accused, preventive arrest of the defendant

Summary

The present dissertation is dedicated to a whole scientific research of the themes regarding the application of preventive measure as preventive arrest of the accused/defendant, resulting a complex and thorough study, the finality being the elaboration and recommendation of theoretical and practical solutions for improving the actual normative framework of the preventive arrest institution.

The present scientific research contains an evolution of the preventive actions in the Romanian criminal processual law, presenting comparative law elements regarding the application of these actions in other states legislations, especially in the Republic of Moldova, in relation with the not guilty presumption.

The present dissertation begins with the processual regulations concerning the preventive measures, analysing the penal procedure and the malfunctions that arise in the application of these actions, the preventive arrest being one of the most drastic preventive measures regulated by the Romanian Criminal Procedure Code and by the Moldavian Criminal Procedure Code.

The scientific novelty consists in achieving a complex research of theoretical and practice aspects regarding the application of the preventive arrest by the prosecution and judiciary bodies, finalizing with efficiency enhancement suggestions in the application of preventive arrest. The special cases when this measure can be applied have been analysed: minor defendant, magistrate, diplomat, or person submitted to the extradition procedure. This thesis examines the compliance of the internal law with the 5th article demands, “The right to liberty and security”, form the European Human Rights and Fundamental Freedom Convention, including also the current European Court for Human Rights jurisprudence. The author’s conclusions and recommendations constitute a certain valuable contribution to the theoretical and practical aspects of the preventive arrest procedure application, and some of suggestions are proposed for improving the criminal processual legislation regarding the preventive actions, and especially the Romanian and Moldavian preventive arrest.