Luarea măsurilor preventive în ultimă instanţă. Lipsa unor căi de atac. Neconstituţionalitate?

This article analyses the problematic situation where coercive measures are imposed on a subject during the appeal phase of the trial while the subject lacks the right to appeal against the measures, by studying the parallel between the former Romanian Criminal Code and the latter Romanian Criminal Code. Also, the study analyses the legal practice of the Romanian High Court of Cassation and Justice and the possibility of declaring the unconstitutionality of the legal provision that limits a subject’s right to effectively appeal against a coercive measure imposed upon themselves.

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Publication Details

Journal
Acta Universitatis Sapientiae Legal Studies
Published
2024-12-15
DOI
https://doi.org/10.47745/ausleg.2023.13.x.03
Primary Topic
Human Rights and Development
Type
article
Field-Weighted Citation Impact
0.00
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article

Luarea măsurilor preventive în ultimă instanţă. Lipsa unor căi de atac. Neconstituţionalitate?

Răzvan Doseanu
Acta Universitatis Sapientiae Legal Studies
Human Rights and Development
article

Luarea măsurilor preventive în ultimă instanţă. Lipsa unor căi de atac. Neconstituţionalitate?

Răzvan Doseanu
article en

Abstract

This article analyses the problematic situation where coercive measures are imposed on a subject during the appeal phase of the trial while the subject lacks the right to appeal against the measures, by studying the parallel between the former Romanian Criminal Code and the latter Romanian Criminal Code. Also, the study analyses the legal practice of the Romanian High Court of Cassation and Justice and the possibility of declaring the unconstitutionality of the legal provision that limits a subject’s right to effectively appeal against a coercive measure imposed upon themselves.

Acta Universitatis Sapientiae Legal StudiesVol. 13(Special Issue)
Agora University (RO)
Openalex Percentile: Top 54%
Human Rights and Development
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