Alaw the appeal filed by the defendant against the conclusion will be resolved in all cases within a term of days from registration while in cases where the preventive measure of judicial control is takenextended by the prosecutor the complaint against the ordinance will be resolved in an uncertain term the legislator not regulating in this case the obligation of the court to pronounce within a certain period.
In addition the Court notes that the doctrine also reveals the fact that in Country Email List relation to the procedure for registering and resolving the appeal of the challenge formulated against the conclusions by which the judge of rights and liberties orders preventive measures during the criminal investigation in the complaint procedure there is no time limit in which the prosecutor must submit the case file to the judge of rights and liberties nor any procedural time limit within which the complaint must be resolved. . Regarding the issues related to the effects that the pronounced judgment produces the Court observes that according to art. para. of the Code of.
Criminal Procedure the judge of rights and liberties can revoke the measure if the legal provisions regulating the conditions for taking it have been violated or can modify the obligations from the content of the judicial review. As previously shown it appears that the legislator has regulated the courts ability to effectively examine all the means arguments and evidence presented and to pronounce a solution recorded in this case in a conclusion. . of the preventive measure of judicial control is its application from the moment it was ordered not being able to suspend the application until the judgment of the court. Thus in the conditions in which the court finds the illegality or unfoundedness of the application of this preventive measure after the passage of a significant period of time from the time of takingextending.
發表於 2023-12-27 18:28:19
