TITLE IV
PREVENTIVE MEASURES AND OTHER PROCEDURAL MEASURES
CHAPTER I
PREVENTIVE MEASURES
Section IV
Preventive arrest
1. Arrest of the accused person
Arrest of the accused person during criminal investigation
Art. 146 – The prosecutor, ex officio or solicited by the criminal investigation body, when the conditions stipulated in art. 143 are met and there is evidence from which results one of the cases provided at art. 148, if he considers the accused person's arrest to be in the interest of the criminal investigation, and only after hearing the latter in the presence of his/her defender, presents the case file, with the motivated proposal to take the measure of preventive arrest of the accused person, to the president of the court or to the judge delegated by the latter.
The file is presented to the president of the court that would be competent to judge the case at first instance, or of the corresponding court in whose jurisdiction the detention place is, or to the judge delegated by the court president.
At the presentation of the file by the prosecutor, the court president or the delegated judge settle the day and hour for the solution of the proposal for preventive arrest, before the expiry of the 24 hours, in case the accused person is held. The day and the hour are communicated both to the chosen or appointed ex officio defender and to the prosecutor, the latter being obliged to ensure the presence in front of the judge of the accused person confined.
The proposal for preventive arrest is solved in the council room by only one judge, regardless of the nature of the offence.
The accused person is brought in front of the judge and will be assisted by a defender.
The provisions of art. 149(1) par. 6 and of art. 150 are applied accordingly.
The prosecutor’s attendance is obligatory.
After hearing the accused person, the judge immediately admits or rejects the proposal of preventive arrest, through motivated closing.
If the conditions provided at par. 1 are met, the judge orders, by closing, the preventive arrest of the accused person, showing the reasons justifying the preventive arrest and settling its duration, which may not exceed 10 days.
At the same time, the judge, after admitting the proposal, urgently issues an arrest warrant for the accused person. The warrant includes the corresponding specifications mentioned in art. 151 par. 3 letters a) - c), e) and j), as well as the accused person's name and surname and the duration of the preventive arrest.
The provisions of art. 152 par. 1 are applied accordingly.
Recourse may be introduced against the closing, within 24 hours from the passing, for those present, and from the communication, for those absent.
Arrest of the accused person at court
Art. 147 - The court, in the situations shown in the special part, title 11, may order the arrest of the accused person in the cases and conditions stipulated in art 146. When the arrest has been ordered, the president of the panel issues the arrest warrant for the accused person. The accused person arrested is immediately sent to the prosecutor together with the arrest warrant.
Provisional arrest
Arrest
Cooperation under procedures of national law
Request for provisional arrest
Arrest for ICC proceedings - national procedures
Arrest for national proceedings
Provisional arrest for national proceedings
EDIT.