Custody on Remand According to the New Criminal Code of Romania

ABSTRACT. The new Romanian criminal procedure Code (Law no. 135/2010) contains new regulations and, to a small extent, borrows a number of the provisions of the Romanian criminal procedure Code in force (since 1969) with regard to in remand. In this study, the authors have highlighted the distinction between the regulations of the new Romanian criminal procedure Code and those included in the Romanian criminal procedure Code in force. Concurrently, they have defined the concept of custody on emphasized the proceedings of the on remand and analyzed the enforcement terms of this preventive measure. Finally, they have reviewed the cases of enforcement of on remand and arrived at the conclusion that the new criminal procedure law better brings under regulation the concept of on remand.Keywords: on remand, preventive measure, the new Romanian Criminal procedure Code.1. IntroductionThe new Romanian criminal procedure Code (Law no. 135/20 101) both contains regulations and to a small extent borrows a number of the provisions of the Romanian criminal procedure Code in force (since 1969) with regard to in remand. Accordingly, the provisions of article 223, paragraph (1), letters a), b) and c) reproduce the text of article 148, paragraph (1) letters a), b), c), d) and e) of the Criminal procedure code in force, with several essential amendments. Other than that, all the other provisions are not found in the current Romanian legislation.The European Convention for the protection of human rights and fundamental freedoms stipulates in art. 5, paragraph 1 letter c) that a person can be arrested or taken into Police if there are credible reasons to suspect that the person committed a crime or if there are grounded reasons to believe that it is necessary to prevent a crime from being committed or the perpetrator from running away after committing a crime. It is worth mentioning that in the case of o remand, the new Romanian criminal procedure law - as well as the one in force - is more severe than the requirements of the European Convention for the protection of human rights and fundamental freedoms.The European Court of Human Rights (E.C.H.R) has stated on more than one occasion that although the European Convention for the protection of human rights and fundamental freedoms implicitly establishes the principle according to which no person should be randomly deprived of their freedom, protection of the individual freedom against arbitrary intrusion on the part of the authorities must not however hinder the undertakings of the criminal judicial body regarding submitting the evidence and the adequate carrying out of the trial.22. Concept and proceedingsCustody on remand is the 5* preventive measure stipulated in art. 202 of the new Criminal Procedure Code and the most severe.A. ConceptCustody on remand is a detention measure consisting in removing the person against whom this measure was decreed from the social to the detention environment.Custody on remand is extremely useful in terms of the goals it seeks to achieve: on the one hand, insuring the appropriate carrying out of the criminal trial and implicitly delivering criminal justice,3 on the other hand, insuring social defense.B. ProceedingsThe new Romanian criminal procedure Code has brought on remand under regulation by means of a single proceeding: arrest of the defendant, i. e. arrest of the person against whom criminal proceedings were initiated.The criminal procedure Code in force brings on remand under regulation by means of two proceedings: arrest of the suspect, i. e. the person facing criminal charges before criminal proceedings are initiated and arrest of the defendant, i. e. the person against, benefitting from distinct treatment.3. Enforcement terms for on remandThe new law requires that the following conditions be met so that on remand of the defendant may be enforced:A. …