Anormative framework that enshrines the
Asame time the judge will proceed to the hearing of the defendant regarding the act of which he is accused and the grounds on which the arrest proposal was based according to art. para. of the Code of Criminal Procedure in the presence of his lawyer and only after evaluating this statement in the context of the administered evidence the reasons considered for taking the measure and the prosecutors conclusions will order the confirmation of the preventive arrest and the execution of the warrant or as the case may be revocation or replacement of preventive detention with one of the preventive measures provided by art. para. lit. bd and.The release of the defendant if he is not arrested in another case. Regarding Country Email List the exception of unconstitutionality of the provisions of art. para. of the Code of Criminal Procedure the Court notes that being the most intrusive of preventive measures taking the measure of preventive detention regardless of the procedural moment in which it was ordered must be carried out within a clear precise and predictable regulatory framework both for the person subject to this measure as well as for the criminal investigation bodies and the courts.
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Otherwise it would be possible to arbitrarily limit one of the essential fundamental rights in a state of law individual freedom. It is generally accepted that individual freedom is not absolute but its limitation must be done in compliance with the provisions of art. paragraph and of art. para. of the Basic Law. Therefore the constitutional standard for the protection of individual freedom requires that its limitation be carried out in guarantee against the arbitrary taking of the preventive measure which on the one hand expressly establishes the cases of limitation of this constitutional value and on the other hand to provide for.
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