Crimes provided by Law no. 143/2000. Home arrest. Permission for leaving the house – “Duly justified situations”

DREPT PENAL ŞI PROCESUAL PENAL

Abstract

In the cases provided by Art. 221 para. (6) of the Criminal Procedure Code, leaving the house may occur only in exceptional situations (going to the workplace, to education or professional training courses or to other similar activities; buying the essential means of subsistence; other duly justified cases) – with the permission of the judge of rights and freedoms, of the preliminary chamber judge or of the court or immediate notification of these judicial bodies – for a period of time strictly necessary for the fulfilment of legitimate rights or interests of the defendant, therefore well-defined circumstances and rights, which can be used by the defendant and, respectively, verified by the judicial bodies, in their concrete content and within a determined period of time, and in no way for the fulfilment of generic rights and interests belonging to any person in freedom, in a distorted interpretation of the provisions of Art. 221 para. (6) of the Civil Procedure Code.