Verification of precautionary measures in criminal proceedings

  • Lucian Criste Faculty of Law, Babeș-Bolyai University, Cluj-Napoca; Cluj Bar Association
Keywords: procedural measure, precautionary measure, procedural term, substantial term, direct termination, claim preclusion, legitimate purpose, proportionality


As a novelty element for the domestic criminal procedure legislation, by Law no. 6/2021, in the content of the current Criminal Procedure Code, Article 250^2, which regulates the procedure of periodic verification of precautionary measures throughout the criminal proceedings, was introduced. The new regulation imposes on the criminal justice bodies the obligation to verify periodically, but not later than 6 months during the criminal investigation, respectively one year during the trial, if the grounds that determined the taking or maintaining of the precautionary measures subsist. During the carried-out verifications, the maintaining, restriction or expansion, respectively the lifting of the measures can be ordered.

This study, dedicated to this provision, is structured in three parts. The first part addresses the legal nature, the calculation method and, the consequence of the non-compliance with the terms provided for by art. 250^2 of the Criminal Procedure Code. Given the applicable legal provisions, we will prove from the point of view of the legal nature, that the terms of 6 months during the criminal investigation, respectively of one year during the trial, are substantial, and the consequence of the non-compliance is the direct termination of the precautionary measures. In the second part, we will analyze the scope of the verification established by this provision, context in which we will address the issue of claim preclusion of the decision taken in the matter of precautionary measures, and the aspects that can be verified by the competent judicial bodies. In the last part, we will insist on some procedural aspects regarding the verification of the precautionary measures, depending on the specifics of each procedural phase.