CONSIDERAŢII TEORETICE ŞI PRACTICE REFERITOARE LA PUBLICITATEA ŞEDINŢEI DE JUDECATÃ ŞI PRONUNŢAREA HOTÃRÂRII, DIN PERSPECTIVA CONVENŢIEI (EUROPENE) PENTRU APÃRAREA DREPTURILOR OMULUI ŞI A LIBERTÃŢILOR FUNDAMENTALE

In the article, the author claims that the settlement of the proposal for remand in custody in open session, although the law provides for the settlement in closed session, as well as a decision, even if it was made by the Registrar, in violation of the law, and did not cause essential harm, such as to justify annulment of the act, while the delivery order was made, that public notice of the solution given by the judge, are subject to relative nullity. Also, it was assessed that, during the settlement proposal for remand in custody is not necessary for the court to rule on the defense request to undertake, before the defendant, the obligation not to leave the city or country, the obligation of examining taking less intrusive preventive measures, being included in the analysis of the necessity of the remand in custody.