拘留

Eximia Pub Date : 2023-09-30 DOI:10.47577/eximia.v12i1.354
Andreea Denisa Doroclea
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引用次数: 0

摘要

目前,只有在有证据或有充分根据的性质使人有理由怀疑该人实施了犯罪行为,并且为达到采取这些措施所追求的目的所必需的情况下,才能下令采取预防措施。除了拘留和预防性逮捕之外,预防措施的类别发生了变化,与旧条例相比,它捍卫了司法控制、对保释和软禁的司法控制,旧条例提到了不离开当地的义务和不离开国家的义务以及拘留和预防性逮捕。在这一预防措施中,程序方面是极其重要的,例如由被拘留者签署的来文,说明他/她的权利和义务,他/她可以被拘留的期限,以及在某些特殊情况下,通知嫌疑犯或被告为其公民的国家的外交代表。在某些人的情况下,法律还要求满足某些额外的条件才能下令拘留,例如在众议员或参议员或法官、检察官或助理地方法官的情况下。拘留措施是最常用的预防措施,它对嫌疑犯和审判过程都有特别的影响。由于它具有特殊的地位,是唯一只能在刑事调查中下令使用的措施,我认为了解它非常重要。拘留是一种预防措施,在程序中可能出现许多程序错误,因此我们认为有必要进行彻底的研究,以澄清这一预防措施的所有方面。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
Detention
Preventive measures at present may be ordered only if there is evidence or well-founded character from which there is a reasonable suspicion that the individual has committed a criminal act and is necessary to achieve the aim pursued by taking them. The categories of preventive measures, with the exception of detention and preventive arrest, are changed, defending judicial control, judicial control on bail and house arrest compared to the old regulation which referred to the obligation not to leave the locality and the obligation not to leave the country together with detention and preventive arrest. Procedural aspects are extremely important in this preventive measure, such as the communication under signature of the detained person, of his/her rights and obligations, the duration for which he/she can be detained and, in certain special cases, informing the diplomatic representatives of the state of which the suspect or accused person is a citizen. In the case of certain persons, the law also requires certain additional requirements to be met in order to order detention, such as in the case of deputies or senators or judges, prosecutors or assistant magistrates. The measure of detention is the most used preventive measure and that it has a particular effect on the suspect as well as on the course of the trial. As it has a special status, being the only measure that can only be ordered during criminal investigations, I think it is very important to be aware of it. Detention is a preventive measure in the procedure of which numerous procedural errors can occur, so we considered necessary a thorough study to clarify all aspects of this preventive measure.
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