Luarea măsurilor preventive în ultimă instanţă. Lipsa unor căi de atac. Neconstituţionalitate?
Year: 2024
Type: article
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.
Author: Răzvan Doseanu
Institution: Agora University
Language: English
Topic: Criminal Law and Policy
Subfield: Sociology and Political Science
Field: Social Sciences
Domain: Social Sciences
Open Access status: bronze
OpenAlex ID: W4409463248