Preventive Measures in the Criminal Procedural System in Romania

Abstract

Preventive measures are those measures ordered by the judicial bodies in order to ensure the proper conduct of the process and the participation of suspects or defendants in the judicial proceedings. Preventive measures shall also be ordered against persons committing criminal offences and where it is desirable that such persons do not influence witnesses or injured persons, experts or other participants in the criminal proceedings. The Code of Criminal Procedure in Romania regulates five preventive measures: taking in custody, judicial control, judicial control on bail, house arrest and pre-trial arrest. The present work aims to address preventive measures from a theoretical perspective, and we will analyze the conditions of ordering such preventive measures, remedies that may be formulated against these measures, the possibilities for revocation or termination of such measures in certain situations, but also the actual content of such measures.

Keywords: conditions, duration, preventive measures, purpose, revocation, termination