O sancţiune procesuală aplicată în mod pretorian şi efectele imprevizibile ale acesteia - încetarea de drept a măsurilor asiguratorii

Judecător Raul Alexandru NESTOR

Tribunalul Bucureşti

ABSTRACT

By art. 19 of Law no. 6/2021 on establishing measures for the implementation of Council Regulation (EU) 2017/1939 of 12 October 2017 implementing a form of consolidated cooperation regarding the establishment of the European Public Prosecutor’s Office, the Criminal Procedure Code was amended, thus establishing the obligation of the judicial authorities to verify, ex officio, the existence of the grounds that determined the taking or maintenance of precautionary measures, within 6 months during the criminal investigation, respectively 1 year in the preliminary chamber or during the trial.

In essence, the will of the legislator was to create a positive obligation for the judicial authorities to periodically analyze, ex officio, the legality and validity of the precautionary measures, as well as the...