Oreventive measure of house arrest during

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A days provided by the Basic Law the measure of judicial control taken later is respected by him voluntarily. C U R T E A considering the documents and works of the file notes the following . By the Conclusion of February issued in File no. the Bucharest Court of Appeal the II Criminal Section notified the Constitutional Court with the exception of the unconstitutionality of the provisions of art. para. and art. of the Code of Criminal Procedure exception raised by Drago George Blteanu on the occasion of the settlement of a complaint against the prosecutors order ordering the preventive measure of judicial control against him.

In justifying the exception of unconstitutionality its author states that during Country Email List the judicial review the person subject to this measure will bear certain restrictions aimed ab initio at a restrictionaffecting of the fundamental rights and freedoms established by the provisions of art. and of the Constitution. Appreciates that in certain situations the impairmentrestriction of these rights is particularly drastic so it must be analyzed to what extent this restriction respects the requirement of proportionality. Under this aspect it shows that the total duration of the preventive arrest or the  the criminal investigation is.



Days while the measure of judicial control can be ordered during the criminal investigation for a duration of or years according to the distinctions established by the legislator by art. of the Criminal Procedure Code. It follows therefore unequivocally the unconstitutionality of the criticized legal provision in relation to the provisions of art. of the Constitution. Next it shows that unlike preventive custodial measures which are deduced from the imposed punishment the preventive measure of judicial control has no effect from this perspective on the imposed punishment. At the same time it appreciates.