Preventive detention will not be applied if four conditions are met cumulatively. The suspect will not be arrested if this admits his guilt, if the person committed the offense without using physical or psychological constraints, if the offense didn’t result in damage to the life and health of a person and if it wasn’t committed by an organized criminal group or a criminal organization, IPN reports.
A legislative initiative to amend the Penal Procedure Code was given a first reading by Parliament. Democratic MP Sergiu Sârbu, one of the authors of the bill, said the new regulations will contribute to reducing the number of cases of application of preventive detention that should remain an exceptional measure. “Each case will be analyzed individually,” he stated.
Liberal-Democratic MP Vadim Pistrinciuc reminded of a protest mounted by lawyers against the abusive application of preventive detention. In 99 of 100 cases when lawyers challenge the measure, the preventive detention decision is upheld. “What does it happen to the presumption of innocence? Preventive detention is used as a tool to fabricate cases. The persons are arrested and in two months admit their guilt,” he stated.
Socialist MP Adrian Lebedinski noted that by this norm conditions are created for Ilan Shor, who was tried for causing damage to the state by swindle and abuse of power, not to be arrested.
