House arrest – an alternative to remand on custody in view of the new Romanian code of criminal procedure

Abstract

The new Romanian code of criminal procedure has introduced house arrest as an alternative to custody on remand, based primarily on the model of the Italian code of criminal procedure. As comprised in art. 218-222 of the code of criminal procedure, house arrest is considered a deprivation of liberty and it is placed in an intermediate position between legal supervision and remand in custody, highlighting the gradualness of the measures that deprive a person of his/her liberty. The current study deals with the nature of the measure, the legal prerequisites, the procedure which must be followed and the content of the measure of house arrest.