CONSIDERATIONS REGARDING THE MAINTENACE OF THE PREVENTIVE ARREST DURING TRIAL
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Authors:
• Andrei ZARAFIU, email: andrei.zarafiu@drept.unibuc.ro, Afiliation: Faculty of Law, University of Bucharest -
Keywords: provisional detention, maintain the preventive arrest, trial phase, duration
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Abstract:
Depriving a person of his/her freedom for trial purposes for a longer period of time represents an issue that, in all legislations, is considered very carefully, the provisions issued reflecting to a large extent the position of the law regarding the real and effective guarantee of the individual freedom. The absolute character of the initial duration of 30 days for the preventive arrest can only be cancelled by the use of a procedure, which is recognised by the Consittution, to continue depriving a person of his/her freedom. Considering that the constituent lawmaker regulates differently the duration of the preventive arrest for the two phases of the criminal trial, the same dual modality of regulation also applies in the case of the juridical tools based on which one maintains the temporary deprivation of freedom.Through this article, I propose an analysis of the juridical tools used, during the trial, in order to extend the provisional detention. This implies both the approach of the trial moments of maintaining the preventive arrest and the analysis of how the national legislation complies with the guarantees established at European level in order to avoid the arbitrary in terms of deprivation of freedom