A General Overview on the Ethics of Pre-trial Detention

Authors

  • Denisa Barbu PhD. Lecturer, Public Administration Department, Faculty of Law and Administrative Sciences, Valahia University of Târgovişte

DOI:

https://doi.org/10.18662/jess/4.1/24

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.

Author Biography

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

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

Downloads

Published

2020-12-21

How to Cite

Barbu, D. . (2020). A General Overview on the Ethics of Pre-trial Detention. Journal for Ethics in Social Studies, 4(1), 09-20. https://doi.org/10.18662/jess/4.1/24

Publish your work at the Scientific Publishing House LUMEN

It easy with us: publish now your work, novel, research, proceeding at Lumen Scientific Publishing House

Send your manuscript right now