A preventive measure depriving of liberty
Aobserves that in the case of the preventive measure of house arrest the legislator allows it to be taken again against the person who was previously subjected to a preventive measure depriving of liberty without regulating the obligation of the existence of new grounds in this case. Or considering that the preventive measure of house arrest is a measure similar to that of preventive detention having the nature of a preventive measure depriving of liberty the Court considers that it must be accompanied by the same guarantees as those provided in the case of the preventive measure of preventive detention including that regulated by the provisions of art. para. of the.
Criminal Procedure Code. The Court notes that Country Email List through the different regulation of house arrest compared to pretrial detention in the matter of the prohibition to again order against the defendant who has previously been under house arrest or pretrial arrest in the same case if not new grounds have intervened that make it necessary to deprive him of his liberty the legislator has fulfilled his constitutional obligation to regulate the guarantees that must accompany the preventive measures depriving him of liberty only with regard to preventive detention and not with regard to house arrest although the.
Latter due to its nature as a preventive measure depriving of liberty must be accompanied by the same guarantees as preventive detention. Leave a reply Your email address will not be published. Mandatory fields are marked with Comment Name Email Website Save my name email and website in this browser for the next time I comment. ve act as a whole otherwise violating art. para. of the Constitution. Leave a reply Your email address will not be published. Mandatory fields are marked with Protected works included in posts of social media platforms The right pill Intellectual property minute Ioana Grosu March If. |