THE NATURE OF TERMS SET FORTH IN THE PROVISIONS UNDER ART. 2502 CPP AND THE SANCTION TO BE APPLIED AS A CONSEQUENCE OF THEIR VIOLATION
This article focuses on reviewing the aspects regarding the nature of terms of 6 months, respectively, of 1 year, which were established for checking the legality and judiciousness of the precautionary measure in the criminal trial, by introduction of art. 2502 CPP. Thus, starting from the review...
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| Format: | Article |
| Language: | English |
| Published: |
Nicolae Titulescu University Publishing House
2023-06-01
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| Series: | Challenges of the Knowledge Society |
| Subjects: | |
| Online Access: | http://cks.univnt.ro/download/cks_2023_articles%252F1_CKS_2023_CRIMINAL_LAW%252FCKS_2023_CRIMINAL_LAW_007.pdf |
| _version_ | 1797789100651053056 |
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| author | Mircea-Constantin SINESCU Adrian Lucian CATRINOIU Mihaela SIMINA |
| author_facet | Mircea-Constantin SINESCU Adrian Lucian CATRINOIU Mihaela SIMINA |
| author_sort | Mircea-Constantin SINESCU |
| collection | DOAJ |
| description | This article focuses on reviewing the aspects regarding the nature of terms of 6 months, respectively, of 1
year, which were established for checking the legality and judiciousness of the precautionary measure in the
criminal trial, by introduction of art. 2502 CPP.
Thus, starting from the review of the nature of such terms, in corroboration with reviewing the purpose itself
of this new regulation, one may also conclude what was the legislator’s intention with regard to the sanction to
be applied when such are violated, a sanction that was not, however, mentioned expressly.
Starting also from the judicial practice which is not constant, namely from the non-uniform mode of
construction and application of legal provisions, this article intends to clarify, from a theoretical perspective, the
nature of terms referred to in art. 2502 CPP, and also the sanction to be applied as a consequence of violating
such terms. We will conclude further with the practice of courts of law, in support of our opinion. |
| first_indexed | 2024-03-13T01:45:59Z |
| format | Article |
| id | doaj.art-c06ce5a1fec6426996849c24d9210096 |
| institution | Directory Open Access Journal |
| issn | 2068-7796 |
| language | English |
| last_indexed | 2024-03-13T01:45:59Z |
| publishDate | 2023-06-01 |
| publisher | Nicolae Titulescu University Publishing House |
| record_format | Article |
| series | Challenges of the Knowledge Society |
| spelling | doaj.art-c06ce5a1fec6426996849c24d92100962023-07-03T08:59:39ZengNicolae Titulescu University Publishing HouseChallenges of the Knowledge Society2068-77962023-06-011618388THE NATURE OF TERMS SET FORTH IN THE PROVISIONS UNDER ART. 2502 CPP AND THE SANCTION TO BE APPLIED AS A CONSEQUENCE OF THEIR VIOLATIONMircea-Constantin SINESCU0Adrian Lucian CATRINOIU1Mihaela SIMINA2Lecturer, PhD, Faculty of Law, „Nicolae Titulescu” University; Attorney at Law, Bucharest Bar Association, Managing Partner at SCA SINESCU&NAZAT (e-mail: mircea.sinescu@sinescu-nazat.ro).Attorney at Law, Bucharest Bar Association, Partner at SCA SINESCU&NAZAT (e-mail: lucian.catrinoiu@sinescu-nazat.ro).Attorney at Law, Bucharest Bar Association, Associate at SCA SINESCU&NAZAT (e-mail: mihaela.simina@sinescu-nazat.ro).This article focuses on reviewing the aspects regarding the nature of terms of 6 months, respectively, of 1 year, which were established for checking the legality and judiciousness of the precautionary measure in the criminal trial, by introduction of art. 2502 CPP. Thus, starting from the review of the nature of such terms, in corroboration with reviewing the purpose itself of this new regulation, one may also conclude what was the legislator’s intention with regard to the sanction to be applied when such are violated, a sanction that was not, however, mentioned expressly. Starting also from the judicial practice which is not constant, namely from the non-uniform mode of construction and application of legal provisions, this article intends to clarify, from a theoretical perspective, the nature of terms referred to in art. 2502 CPP, and also the sanction to be applied as a consequence of violating such terms. We will conclude further with the practice of courts of law, in support of our opinion.http://cks.univnt.ro/download/cks_2023_articles%252F1_CKS_2023_CRIMINAL_LAW%252FCKS_2023_CRIMINAL_LAW_007.pdfprecautionary measuresnature of termsprocedural termssanction for violating the termslawful termination of precautionary measures |
| spellingShingle | Mircea-Constantin SINESCU Adrian Lucian CATRINOIU Mihaela SIMINA THE NATURE OF TERMS SET FORTH IN THE PROVISIONS UNDER ART. 2502 CPP AND THE SANCTION TO BE APPLIED AS A CONSEQUENCE OF THEIR VIOLATION Challenges of the Knowledge Society precautionary measures nature of terms procedural terms sanction for violating the terms lawful termination of precautionary measures |
| title | THE NATURE OF TERMS SET FORTH IN THE PROVISIONS UNDER ART. 2502 CPP AND THE SANCTION TO BE APPLIED AS A CONSEQUENCE OF THEIR VIOLATION |
| title_full | THE NATURE OF TERMS SET FORTH IN THE PROVISIONS UNDER ART. 2502 CPP AND THE SANCTION TO BE APPLIED AS A CONSEQUENCE OF THEIR VIOLATION |
| title_fullStr | THE NATURE OF TERMS SET FORTH IN THE PROVISIONS UNDER ART. 2502 CPP AND THE SANCTION TO BE APPLIED AS A CONSEQUENCE OF THEIR VIOLATION |
| title_full_unstemmed | THE NATURE OF TERMS SET FORTH IN THE PROVISIONS UNDER ART. 2502 CPP AND THE SANCTION TO BE APPLIED AS A CONSEQUENCE OF THEIR VIOLATION |
| title_short | THE NATURE OF TERMS SET FORTH IN THE PROVISIONS UNDER ART. 2502 CPP AND THE SANCTION TO BE APPLIED AS A CONSEQUENCE OF THEIR VIOLATION |
| title_sort | nature of terms set forth in the provisions under art 2502 cpp and the sanction to be applied as a consequence of their violation |
| topic | precautionary measures nature of terms procedural terms sanction for violating the terms lawful termination of precautionary measures |
| url | http://cks.univnt.ro/download/cks_2023_articles%252F1_CKS_2023_CRIMINAL_LAW%252FCKS_2023_CRIMINAL_LAW_007.pdf |
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