Interpretarea neunitară a dispoziţiilor art. 227 alin. (1) C. pr. pen. şi consecinţele asupra executării măsurilor preventive dispuse de judecătorul de drepturi şi libertăţi

ANDREI BĂNCILĂ*

* e-mail: andrei.bancila@yahoo.com

Judecător - Curtea de Apel Alba Iulia

ABSTRACT

The study deals with the manner in which the provisions of Article 227 (1) of the Criminal Procedure Code should be interpreted. It emphasizes that, although it should have been a relatively easy activity, by reference to the historical perspective, to the evolution of the texts which regulated this matter over time and to the rules set by the ECHR case law with reference to the preventive deprivation of liberty, reality proved that the judicial practice had encountered serious difficulties in interpreting and applying the provisions in question, with important repercussions also on other institutions in relation to the preventive measures. This doctrinal approach intends to analyze the different interpretations of Article