{"id":7422,"date":"2026-11-02T10:34:00","date_gmt":"2026-11-02T10:34:00","guid":{"rendered":"https:\/\/avocatbucuresti.ro\/?p=7422"},"modified":"2026-11-02T10:55:31","modified_gmt":"2026-11-02T10:55:31","slug":"contestation-of-preventive-arrest","status":"publish","type":"post","link":"https:\/\/avocatbucuresti.ro\/en\/contestatie-arestare-preventiva\/","title":{"rendered":"Preventive arrest: how to contest it and within what timeframe"},"content":{"rendered":"

If the court or judge orders preventive arrest, the measure can be contested. The deadline is short, and the procedure depends on the stage the case is at. Therefore, it is important to immediately check the final decision, the date of the ruling or the notification, and the specific grounds invoked.<\/p>\n

What is the deadline for appeal?<\/h2>\n

During the criminal proceedings, the defendant and the prosecutor may file an appeal within 48 hours of the ruling or, if they were absent, from the communication of the decision. The rule applies also in the preliminary hearing and during the trial, according to articles 204\u2013206 of the Code of Criminal Procedure. The appeal is filed with the judge or the court that issued the ruling, and the case file is sent to the competent court to resolve it.<\/p>\n

Do not calculate the term based solely on the day you learned informally about the measure. Keep the copy of the settlement and proof of communication and ask the lawyer to verify the calculation in the specific case. In the preliminary proceedings and during the trial, the defendant\u2019s appeal is usually resolved within five days of registration, with mandatory legal assistance.<\/p>\n

What can the court analyze?<\/h2>\n

The appeal is not simply a request for clemency. It must indicate why the measure does not comply with the legal requirements in relation to the data in the case file: for example, if the reasonable suspicion required by law is not found, if the risks invoked are abstract or insufficiently substantiated, or if it has not been explained why a less restrictive measure would not be sufficient. The duration of the measure, personal and professional circumstances, procedural conduct, and subsequent circumstances can also be analyzed.<\/p>\n

The control court can uphold the solution, can modify it within the limits provided by law, or can order a milder preventive measure. The appeal against the taking or maintenance of the measure does not suspend enforcement: the mere filing does not mean release. This can be ordered if the court accepts the appeal and the legal conditions are met.<\/p>\n

What needs to be prepared?<\/h2>\n