DISCUȚII REFERITOARE LA MOMENTUL DE LA CARE ÎNCEPE SĂ CURGĂ TERMENUL DE DECLARARE A CONTESTAȚIEI PENTRU PROCUROR ÎN MATERIA MĂSURILOR PREVENTIVE

The issue of the correct determination of the moment when it begins to run the time limit for declaring the contestation for the prosecutor against the interlocutory judgments by which the judge orders the rejection of the proposal of preventive arrest or of house arrest, the revocation of the preventive measure or the replacement of the preventive measure with a slighter measure has a particular importance given that it will also mark the moment when this processual right of the prosecutor will cease, under the terms of Article 268 of the Criminal Procedure Code. As we will show in the arguments offered in our paper, the criminal processual provisions do not provide for a distinction as to the moment when the time limit for declaring the contestation begins to run as the prosecutor or the processual subjects were present or absent when the judgment was pronounced, but provide expressis verbis such a distinction between the prosecutor and the processual subjects in this respect, the only rigorously correct interpretation is the one showing that, always in the matter of preventive measures, the time limit for declaring the contestation begins to run from the pronouncement of the judgment in relation to the prosecutor, whether or not he was present at the time of pronouncement.