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The paper is based on the non-uniform practice of the courts within the jurisdiction of the Court of Appeal Oradea, as well as from the country, referring to the following situations: the rejection of the proposal for preventive detention during the criminal prosecution; the rejection of the proposal for extension of preventive detention during criminal prosecution; the cessation de jure of the preventive measures; the revocation of preventive measures and the replacement of a preventive measure with other preventive measure. Within this paper the author deals with controversial aspects in the matter of judicial remedies concerning the preventive measures. -
The author of this study proposes an analysis of the will of the legislator manifested by the introduction of the institution of preliminary chamber judge. Within this study it is made a brief comparison of this institution with some national legislative precedents, but also in relation to the regulations of other states.
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Juvenile deprivation of liberty is a controversial issue, in particular because the measure is in opposition to the educative goal of juvenile justice. Detention of children is a more acute problem. In Switzerland, although pre-trial – as well as administrative (immigration law) – detention of children under the age of 15 are prohibited, they are inappropriately decided by courts and authorities. The article describes the situation, its legal frame and has a critical look at such practice and decisions.
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