Nullity of acts carried out in the administrative procedure before the judge supervising deprivation of liberty – a consequence of failure to properly regulate the right of defence. Proposal de lege ferenda

VARIA

Abstract

The only penalty that can ensure respect for the rights of the defense, when it was violated, is the absolute nullity of all procedural acts performed in the administrative procedure in which a person deprived of liberty may participate, in front of the supervising judge. The current legislation on the enforcement of custodial sentences does not establish sufficient guarantees for the observance of the rights of the defense, which is why the legislator must intervene and harmonize the legislation in order to avoid the violation of the rights and freedoms of persons deprived of liberty.

Keywords: judge for the supervision of deprivation of liberty, right of defence, administrative procedure, complaint.