TERMINATION OF PREVENTIVE MEASURES – COMPARATIVE LAW ISSUES

Preventive measures are one of the most important institutions of the criminal procedural law, because of the fact that by taking it the freedom of the citizen is restricted - one of the most important constitutional rights. The legislator had a difficult task when it approved the rules governing th...

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Main Author: Nadia CANTEMIR-STOICA
Format: Article
Language:English
Published: Nicolae Titulescu University Publishing House 2017-05-01
Series:Challenges of the Knowledge Society
Subjects:
Online Access:http://cks.univnt.ro/uploads/cks_2017_articles/index.php?dir=01_criminal_law%2F&download=CKS_2017_criminal_law_004.pdf
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author Nadia CANTEMIR-STOICA
author_facet Nadia CANTEMIR-STOICA
author_sort Nadia CANTEMIR-STOICA
collection DOAJ
description Preventive measures are one of the most important institutions of the criminal procedural law, because of the fact that by taking it the freedom of the citizen is restricted - one of the most important constitutional rights. The legislator had a difficult task when it approved the rules governing the conditions for making, revocation and termination of the preventive measures, being necessary to balance the security of criminal procedures on one hand and freedom of the investigated citizen on the other hand. In this study we intend to analyze the institution of legal cessation of preventive measures, reviewing a comparative presentation with other states that have chosen to regulate the procedural measures. Not lastly, we will notify the identified inconsistencies and will issue the legislative proposals so that the provision should not be criticized by its recipient.
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publisher Nicolae Titulescu University Publishing House
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spelling doaj-art-e6a0b3655a9e4d8284a88a26428ba2772025-08-20T02:44:02ZengNicolae Titulescu University Publishing HouseChallenges of the Knowledge Society2068-77962068-77962017-05-017-2130TERMINATION OF PREVENTIVE MEASURES – COMPARATIVE LAW ISSUESNadia CANTEMIR-STOICA0PhD Candidate, Faculty of Law, "Nicolae Titulescu" University of Bucharest, Bucharest Bar Association LawyerPreventive measures are one of the most important institutions of the criminal procedural law, because of the fact that by taking it the freedom of the citizen is restricted - one of the most important constitutional rights. The legislator had a difficult task when it approved the rules governing the conditions for making, revocation and termination of the preventive measures, being necessary to balance the security of criminal procedures on one hand and freedom of the investigated citizen on the other hand. In this study we intend to analyze the institution of legal cessation of preventive measures, reviewing a comparative presentation with other states that have chosen to regulate the procedural measures. Not lastly, we will notify the identified inconsistencies and will issue the legislative proposals so that the provision should not be criticized by its recipient.http://cks.univnt.ro/uploads/cks_2017_articles/index.php?dir=01_criminal_law%2F&download=CKS_2017_criminal_law_004.pdfpreventive measurestermination of the rightcomparative lawprosecutorhouse arrest
spellingShingle Nadia CANTEMIR-STOICA
TERMINATION OF PREVENTIVE MEASURES – COMPARATIVE LAW ISSUES
Challenges of the Knowledge Society
preventive measures
termination of the right
comparative law
prosecutor
house arrest
title TERMINATION OF PREVENTIVE MEASURES – COMPARATIVE LAW ISSUES
title_full TERMINATION OF PREVENTIVE MEASURES – COMPARATIVE LAW ISSUES
title_fullStr TERMINATION OF PREVENTIVE MEASURES – COMPARATIVE LAW ISSUES
title_full_unstemmed TERMINATION OF PREVENTIVE MEASURES – COMPARATIVE LAW ISSUES
title_short TERMINATION OF PREVENTIVE MEASURES – COMPARATIVE LAW ISSUES
title_sort termination of preventive measures comparative law issues
topic preventive measures
termination of the right
comparative law
prosecutor
house arrest
url http://cks.univnt.ro/uploads/cks_2017_articles/index.php?dir=01_criminal_law%2F&download=CKS_2017_criminal_law_004.pdf
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