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A General Overview on the Ethics of Pre-trial Detention

Author

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  • Denisa Barbu

    (PhD. Lecturer, Public Administration Department, Faculty of Law and Administrative Sciences, Valahia University of Târgovişte)

Abstract

The measure of pre-trial detention is one of the five preventive measures regulated by the legislator in Title V of the general part of the new Criminal Procedure Code, adopted by Law no. 135/2010 and implemented on February 1st, 2014, along with detention, judicial control, judicial control on bail and house arrest. Preventive measures are institutions of criminal procedural law, and have a coercive character, aimed at the deprivation or the restriction of individual liberty, whereby the suspect or defendant is prevented from undertaking certain activities that would adversely affect the proper conduct of criminal proceedings or achieving the purpose of the criminal trial. Regarding the cases of pre-trial detention and the conditions that must be met in order to take the measure of pre-trial detention, it must be said that they result from the corroborated examination of the provisions of art. 202 para. 1 and 3, and art. 223 of the Criminal Procedure Code. Article 202 of the Criminal Procedure Code regulates the general conditions for taking preventive measures, in general, and the provisions of art. 223 of the Criminal Procedure Code regulates the specific conditions for taking the measure of pre-trial detention.

Suggested Citation

  • Denisa Barbu, 2020. "A General Overview on the Ethics of Pre-trial Detention," Journal for Ethics in Social Studies, Editura Lumen, vol. 4(1), pages 09-20, December.
    • Handle: RePEc:lum:jessjo:v:4:y:2020:i:1:p:09-20
    DOI: https://doi.org/10.18662/jess/4.1/24
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    More about this item

    Keywords

    pre-trial detention; conditions; defendant; freedom;
    All these keywords.

    JEL classification:

    • O3 - Economic Development, Innovation, Technological Change, and Growth - - Innovation; Research and Development; Technological Change; Intellectual Property Rights

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