Challenges of the Knowledge Society (May 2024)
THE LEGAL TERMINATION OF THE UNVERIFIED PRECAUTIONARY MEASURES WITHIN THE 6-MONTH PERIOD, DURING THE PRELIMINARY CHAMBER PROCEDURE
Abstract
During the Preliminary Chamber procedure, the precautionary measures ordered must be checked by the Preliminary Chamber Judge or the Preliminary Chamber panel, as the case may be, within the 6-month legal term. In judicial practice, there have been situations where this deadline has not been met in terms of verifying the legality of these measures, meaning in which it is necessary to clarify some aspects at the level of understanding and applying some normative texts. Thus, from the interpretation of the provisions of art. 2502 CPP, reported to the provisions of art. 268, para. (1) and (2) CPP, failure to comply with the legal term of 6 months results in the decline from the exercise of the right to continue to verify the subsistence of the grounds that led to the taking and maintenance of the precautionary measures and the legal termination of the measures ordered, with the consequence of their lifting. Given that the institution of the Preliminary Chamber (found in the Special Part, Title II CPP) is not part of the institution of judgment on the merits (found in the Special Part, Title III CPP), the term to which we have to refer is 6 months, not 1 year, this procedure is not „in the course of the judgment” (the phrase inserted by the legislator in the norm contained in art. 2502 CPP). The purpose of this paper is to explain and detail the above-mentioned aspects by the co-authors in order to provide a set of arguments that can be used by practitioners, if they are faced with the non-verification of the precautionary measures within the legal term, during the Preliminary Chamber procedure.
