Judicial Control Lawyer Bucharest | Bogdan Lamatic
Do you have restrictions on travel, on contact with certain people or on your professional activity?Judicial control does not involve detention, but it can have a real impact on daily life.It must be assessed whether the obligations are necessary and proportionate and whether there are grounds to change, revoke or replace the measure.
5.0 from 27 Google reviews
What obligations judicial control can involve
The content of judicial control is regulated by art. 215 of the Criminal Procedure Code. Depending on the case, obligations may concern:
The exact obligations must be checked in the document by which the measure was ordered.
- appearing before the judicial body;
- reporting to the police unit in charge of supervision;
- notifying any change of residence;
- travelling only within certain territorial limits;
- contact with certain persons;
- carrying out certain activities, where such an obligation is imposed under the law;
- other obligations permitted by law.
What I analyse in a judicial control case
The fact that an obligation was imposed does not mean it must remain unchanged regardless of how the case evolves. I analyse whether:
- the measure is still necessary;
- the obligations are proportionate;
- new circumstances have appeared;
- certain restrictions can be modified;
- there are grounds for revoking or replacing the measure.
Judicial control on bail
Judicial control on bail is regulated separately by the Criminal Procedure Code and requires, in addition to the obligations of judicial control, the payment of bail under the conditions set by law.
In such a situation I analyse, as the case may be, the conditions of the measure, its suitability compared with other measures, the obligations imposed, the bail, the relevant financial situation and the possibility of using a non-custodial measure instead of a more severe one, where the legal framework and the facts support that argument.
Challenging the measure and the deadlines
There is a specific remedy against the prosecutor's order imposing judicial control, regulated by art. 213 of the Criminal Procedure Code. For court decisions on preventive measures, art. 204-206 apply, with the 48-hour deadline.
Send me the order or the court decision, the obligations imposed, the date the measure was taken or extended and the concrete problem one of the obligations creates for you.
Frequently asked questions
- What obligations can be imposed through judicial control?
The obligations provided by art. 215 of the Criminal Procedure Code, which may include appearing before the judicial body or the police, notifying a change of residence, territorial restrictions, restrictions on contact with certain persons and, under the law, restrictions on certain activities.
- Does judicial control mean deprivation of liberty?
No. The person remains free but must comply with the obligations set by the competent judicial body.
- How do I challenge judicial control ordered by the prosecutor?
Through the specific remedy regulated by art. 213 of the Criminal Procedure Code. Deadlines are short, so it helps to tell me exactly when the order was communicated to you.
- Can the obligations be changed during the case?
Yes, where there are legal grounds. Modification of the obligations, revocation or replacement of the measure can be requested depending on how the case evolves and on new circumstances.
- What is judicial control on bail?
It is a distinct preventive measure which requires, in addition to the obligations of judicial control, the payment of bail under the conditions set by law.
Contact | Free initial assessment
Tell me in a few sentences what happened and I will tell you concretely what the next steps are. The first assessment discussion is free.
Official resources
- Art. 211-215 of the Criminal Procedure Code - judicial control. (Legislation)
- Art. 216-217 of the Criminal Procedure Code - judicial control on bail. (Legislation)
- Art. 213 of the Criminal Procedure Code - remedy against judicial control ordered by the prosecutor. (Legislation)
- Art. 242 of the Criminal Procedure Code - revocation and replacement of preventive measures. (Legislation)