THE CONSTITUTIONAL COURT HAS ESTABLISHED IN THE DECISION NO. 336 OF THE 30TH APRIL 2015 THAT THE DISPOSITIONS OF THE ART. 235 (1) FROM THE CRIMINAL PROCEDURE CODE ARE CONSTITUTIONAL ONLY IF THE VIOLATION OF THE PREVIOUS NOTICE TERM OF «AT LEAST 5 DAYS BEFORE THE EXPIRATION OF THE LENGTH OF THE PREVENTING CUSTODY» DRAWS THE INCIDENCE OF ART. 268 (1) OF THE CRIMINAL PROCEDURE CODE CONCERNING THE DECAY FROM THE RIGHT’S EXERCISE AND THE VOIDANCE OF THE ACT MADE AFTER TERM.

The Court ascertains that the term of 5 days is stipulated to assure the respect of the fundamental right to defense and to eliminate the arbitrary in the disposing of extension of the preventing measure.
It is emphasized that this term has the judicial nature of a peremptory term. With this interpretation, the dispositions of Art. 235 (1) of the Criminal Procedure Code are compatible with the right to defense and with the Constitution.

Published in the Romanian Official Journal n0 342 of the 19th of Mai 2015
The Act has entered into force on the 19th of Mai 2015
Issuer: The Constitutional Court