Romania

Criminal Procedure Code

TITLE IV
PREVENTIVE MEASURES AND OTHER PROCEDURAL MEASURES

CHAPTER I
PREVENTIVE MEASURES

Section IV
Preventive arrest

2. Arrest of the defendant

Checking related to the defendant’s arrest during trial
Art. 160b – During trial, the court checks periodically, but no later than 60 days, the legality and justification of the preventive arrest.

If the court establishes that the reasons which determined preventive arrest have ceased or there are no new reasons to justify the deprivation of freedom, it orders, through closing, the revocation of preventive arrest and immediate release of the defendant.

When the court establishes that the reasons which determined preventive arrest impose further deprivation of freedom or that there are new reasons that justify the deprivation of freedom, it orders, through motivated closing, the maintaining of preventive arrest.

The closing may be attacked by recourse, the provisions of art. 160a par. 2 being applied accordingly.

Keywords

Fair trial standards
Rights during investigation - arbitrary arrest or detention and deprivation of liberty



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