Cazul de luare a măsurii arestării preventive prevăzut de art. 223 alin. (1) lit. d) teza I din Codul de procedură penală

• Published in: Revista Pro Lege no. 1; pp. 210 - 225
• Main Author: Chichernea, Oana
• Format: Journal Article
• Language: Romanian, Moldovan
• Published: Universul Juridic 2024; Universe of Law
• Subjects: Civil Law; Law, Constitution, Jurisprudence; initiating criminal action; committing a new crime; cases handled in separate files; case of taking the measure of preventive arrest in the first file
• ISSN: 1224-2411

In the case of preventive arrest provided by art. 223 para. (1) lit. d) of the Code of Criminal Procedure, the object of the proposal for preventive arrest is the crime for which the criminal action was initiated against the defendant in the case first reported, and the crime committed later, investigated in another file, is the reason why it is formulated the proposal to take this preventive measure. This case of arrest aims to sanction the defendant's persistence in criminal conduct, based on a reasonable suspicion, but with factual grounds for triggering the examination of his situation in the file in which the criminal action against him was initially set in motion, taking the measure of preventive arrest , in the first file, thus not being conditioned by certain punishment limits or by a certain seriousness of the deed.