ACode of Criminal Procedure. The regulation of a different duration of preventive measures during the criminal investigation is justified by the different situations in which defendants find themselves in the case of the application of the two institutions of preventivehome arrest compared to judicial control. Besides art. para. of the Code of Criminal Procedure was introduced as a result of the sanctioning by the Constitutional Court of the provision of the Code of Criminal Procedure that did not provide for the term and maximum duration for which the preventive measure of judicial control could be taken precisely to give effectiveness of those ruled by the constitutional court.
The maximum duration of judicial control during the criminal investigation cannot Country Email List be considered disproportionate considering that these measures must ensure the purpose for which they are taken and which moreover is provided by law. maximum duration of the judicial control during the criminal investigation is proportional to the purpose pursued and to the restriction of the exercise of some rights and freedoms of the person against whom this measure is taken. Regarding the invocation of the decision of the European Court of Human Rights he considers that it is irrelevant being a case decision that sanctions a way of assessing this measure in a particular situation.
Next it shows that the support of the author of the exception is erroneous in the sense that the legislator had in mind when establishing the maximum duration of judicial control exclusively the seriousness of the crime. In this sense it provides that the measure of judicial control is taken according to art. of the Criminal Procedure Code which also refers to art. of the same normative act providing for the purpose to be ensured by taking the measure of judicial control. Therefore the situations are expressly and limitedly provided by the law they are.
發表於 2023-12-27 17:56:10
