IMPLICAŢIILE NERESPECTÃRII TERMENULUI DE 5 ZILE PREVÃZUT ÎN ART. 160 C.PR.PEN., CU OCAZIA VERIFICÃRII DIN OFICIU, ÎN CAMERA DE CONSILIU, A LEGALITÃŢII ŞI TEMEINICIEI ARESTÃRII PREVENTIVE, POTRIVIT ART. 3001 C.PR.PEN.

When the court of judicial review is vested with the settlement of the recourse against the court order under which the legal and the solid nature of the preventive arrest has been reviewed ex officio according to the procedure set forth by art.3001 of the Code of Criminal Procedure, the recourse should be settled before the expiry of the preventive arrest period, taken or extended by the judge subsequently. This review deadline is a bar period, not a recommendation one. In practice, it is found that the court decides in relation to the review of the legal and the solid nature of the preventive arrest upon the receipt of the file, many times on the last or penultimate day of the 30-day deadline of the preventive arrest. This situation occurs either due to the non-observance of the 5-day deadline by the prosecutor, or by the court itself, and consequently the court of appeal decides within a period of a few days following the expiry of the 30-day period.