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Precautionary Measures in Criminal Proceedings

Year: 2025
Type: article
Abstract: Precautionary measures are an area that is constantly being adapted, due to their importance both for the proper conduct of the criminal proceedings and because of their implications affecting the constitutionally recognized rights of the suspect, the defendant or third parties. Throughout the criminal proceedings, the competent judicial bodies may order certain procedural measures to ensure the proper conduct of the criminal proceedings, including reparation for the damage caused by the crime, payment of the principal penalty of a fine and recovery of court costs incurred in the course of the proceedings. For this purpose, the legislator has regulated in the current Criminal Procedure Code the precautionary measures, which are located in the General Part, Title V, entitled „Preventive and other procedural measures”, respectively in Chapter III entitled „Precautionary measures, return of things and restoration of the previous situation”, where the legal provisions are laid down on: precautionary measures, seizure procedure, seizure report, mortgage notation, attachment, contesting precautionary measures, as well as the recovery of seized goods. The large number of measures ordered in recent years has given rise to numerous subsequent conflicts arising from their duration, verification of the precautionary measures, challenging them, the procedure for their application and the procedure for the recovery of assets. Due to their impact, precautionary measures have attracted wide interest in the specialized literature. The present study is intended as a contribution to previous doctrinal efforts, illustrating the current legislative context, so that the latest changes in this area will be analyzed, as well as attempts to adapt to ECtHR case-law.
Author: Monica Cristina COSTEA
Language: English
Open Access status: green
OpenAlex ID: W7014576136
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