Battery and bodily harm causing death. Replacement of the measure of provisional detention with the measure of pre-trial conditional release

DREPT PENAL ŞI DREPT PROCESUAL PENAL

Abstract

In the procedure of appeal for the extension of the measure of provisional detention, and even in the case of intended or subjective side crimes which resulted in the victim’s death, in relation to the proportional and necessary nature of the measure of provisional detention, the circumstances being favourable to the defendant, such as the fact that he is a hardworking person, well integrated in the society, without any past criminal record and having three children, in conjunction with the fact that he was taken into custody for a period of 30 days from the existence of any doubt about his fault, may justify the replacement of the measure of provisional detention with the measure of pre-trial conditional release.