{"title":"依法撤销、替代和终止被剥夺自由的预防措施","authors":"Ghennadi Epure","doi":"10.52277/1857-2405.2023.1(64).05","DOIUrl":null,"url":null,"abstract":"Revoking, replacing or ceasing preventive measures on legal grounds is a procedural institution inherent in coercive procedural measures, which allows the court, as well as the prosecutor to release the accused or the defendant, as appropriate. This procedure is regulated by art. 195 of the Criminal procedure code and requires to be explained practically: how the release is carried out while the accused/ defendant is kept under preventive arrest or home arrest, in order to avoid the breach of the right to liberty and security, as enshrined in art. 5 of the European Convention on Human Rights.","PeriodicalId":254422,"journal":{"name":"The Journal of the National Institute of Justice","volume":"30 1","pages":"0"},"PeriodicalIF":0.0000,"publicationDate":"2023-05-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":"{\"title\":\"Revocation, replacement and termination by law of preventive measures deprived of liberty\",\"authors\":\"Ghennadi Epure\",\"doi\":\"10.52277/1857-2405.2023.1(64).05\",\"DOIUrl\":null,\"url\":null,\"abstract\":\"Revoking, replacing or ceasing preventive measures on legal grounds is a procedural institution inherent in coercive procedural measures, which allows the court, as well as the prosecutor to release the accused or the defendant, as appropriate. This procedure is regulated by art. 195 of the Criminal procedure code and requires to be explained practically: how the release is carried out while the accused/ defendant is kept under preventive arrest or home arrest, in order to avoid the breach of the right to liberty and security, as enshrined in art. 5 of the European Convention on Human Rights.\",\"PeriodicalId\":254422,\"journal\":{\"name\":\"The Journal of the National Institute of Justice\",\"volume\":\"30 1\",\"pages\":\"0\"},\"PeriodicalIF\":0.0000,\"publicationDate\":\"2023-05-01\",\"publicationTypes\":\"Journal Article\",\"fieldsOfStudy\":null,\"isOpenAccess\":false,\"openAccessPdf\":\"\",\"citationCount\":\"0\",\"resultStr\":null,\"platform\":\"Semanticscholar\",\"paperid\":null,\"PeriodicalName\":\"The Journal of the National Institute of Justice\",\"FirstCategoryId\":\"1085\",\"ListUrlMain\":\"https://doi.org/10.52277/1857-2405.2023.1(64).05\",\"RegionNum\":0,\"RegionCategory\":null,\"ArticlePicture\":[],\"TitleCN\":null,\"AbstractTextCN\":null,\"PMCID\":null,\"EPubDate\":\"\",\"PubModel\":\"\",\"JCR\":\"\",\"JCRName\":\"\",\"Score\":null,\"Total\":0}","platform":"Semanticscholar","paperid":null,"PeriodicalName":"The Journal of the National Institute of Justice","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.52277/1857-2405.2023.1(64).05","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"","JCRName":"","Score":null,"Total":0}
Revocation, replacement and termination by law of preventive measures deprived of liberty
Revoking, replacing or ceasing preventive measures on legal grounds is a procedural institution inherent in coercive procedural measures, which allows the court, as well as the prosecutor to release the accused or the defendant, as appropriate. This procedure is regulated by art. 195 of the Criminal procedure code and requires to be explained practically: how the release is carried out while the accused/ defendant is kept under preventive arrest or home arrest, in order to avoid the breach of the right to liberty and security, as enshrined in art. 5 of the European Convention on Human Rights.