Preventive Measures Lawyer Bucharest - Immediate Intervention | Bogdan Lamatic

Preventive measures are procedural tools through which judicial bodies restrict a person's liberty or movement during criminal proceedings, when there is evidence or reasonable indications that the person committed an offense and when the measure is necessary for the proper conduct of the proceedings, to prevent evading investigation or trial, or to prevent a new offense (Article 202 of the Criminal Procedure Code). Any preventive measure must be proportional to the severity of the accusation. (Legislative Portal)

The Criminal Procedure Code provides for five categories of preventive measures (Article 202, paragraph 4 of the Criminal Procedure Code):

1. Detention - ordered by the criminal investigation body or the prosecutor, only during criminal investigation, for a maximum of 24 hours.
2. Judicial control - can be ordered by the prosecutor or the judge for rights and liberties, with a set of obligations that the investigated person must comply with.
3. Judicial control on bail - similar to judicial control, conditioned on the deposit of an amount of money set by the court.
4. House arrest - ordered only by a judge, requiring the person to remain at the indicated address, with expressly permitted exceptions.
5. Pre-trial detention - the most severe measure, ordered only by a judge, initially for a maximum of 30 days, with the possibility of extension during criminal investigation up to a total of no more than 180 days.

As a preventive measures lawyer, I intervene at each of these stages - from the hearing before the prosecutor to challenging the ruling of the judge for rights and liberties.

Detention. I am present alongside you from the moment of detention, verify its legality and, if necessary, prepare the defense for the hearing before the prosecutor regarding a possible proposal for pre-trial detention. Detention cannot exceed 24 hours.

Judicial control. I analyze the obligations imposed (ban on leaving the locality/country, periodic reporting to the judicial authority, etc.), verify whether they are proportional to the offense you are charged with, and, where grounds exist, request the lifting or modification of some of them.

Judicial control on bail. I assist you in establishing and negotiating the amount of the bail and in the steps needed to replace a more severe measure (house arrest or pre-trial detention) with this option.

House arrest. I formulate defenses to avoid this measure or, if it has already been ordered, request its replacement with a lighter measure, as well as the proper regulation of exceptions to the obligation to remain at home (for example, for work or medical treatment, where the law allows it).

Pre-trial detention. This is the measure requiring the fastest intervention. I formulate defenses before the judge for rights and liberties from the initial proposal onward, challenge extensions (Article 204 of the Criminal Procedure Code) and, where grounds exist, request replacement with a non-custodial measure.

A) Rapid intervention when the measure is proposed. From the moment you learn of a proposed preventive measure, I get involved immediately in preparing the defense - I analyze the case file to which I have access and identify the relevant arguments for rejecting or mitigating the proposal.

B) Verification of legal conditions. I check whether the general conditions (Article 202 of the Criminal Procedure Code) and those specific to each measure are met, as well as whether the requested measure is proportional to the offense and to your personal circumstances.

C) Challenges and requests for replacement. I file appeals against rulings ordering or extending a preventive measure (Article 204 of the Criminal Procedure Code) and requests for revocation or replacement with a lighter measure, whenever the initial grounds have ceased or new circumstances have arisen (Article 242 of the Criminal Procedure Code).

D) Representation for the entire duration of the measure. I monitor compliance with legal deadlines, periodically check whether the grounds for the measure still exist, and respond immediately to any proposal for extension, until the criminal investigation or trial is concluded.

You have been detained and a hearing on a possible pre-trial detention is coming up. Call me immediately - detention lasts a maximum of 24 hours, and preparing the defense for the hearing before the judge for rights and liberties must be done as quickly as possible.

You have been notified of a proposal for pre-trial detention or house arrest. Contact me before the hearing scheduled to resolve the proposal - this is the most important moment to avoid a custodial measure.

You are already under judicial control and believe some obligations are excessive. We can review your specific situation and file a request to modify or lift the obligations that are no longer necessary.

You want to challenge a measure already ordered or extended. I check the remaining appeal deadline and, if still possible, prepare the appropriate appeal (Article 204 of the Criminal Procedure Code).

I have over 18 years of experience in criminal law and have been recognized by Legal 500 for five consecutive years as a Next Generation Partner. I have represented clients in all five types of preventive measures, in cases before the Police, Prosecutor's Offices, DNA, DIICOT and courts of all levels.

I handle every case personally. I do not send a colleague in my place to hearings or preventive measure proceedings - I remain your point-of-contact lawyer throughout the case, with absolute discretion.

I am available almost around the clock. Proposals for preventive measures do not wait for office hours, which is why I can be reached from 6 a.m. until late at night, including on weekends.

If you or someone close to you is facing a proposed or already ordered preventive measure, time matters. Call me now for a free initial assessment and find out immediately what the next steps are.