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Athe right to intimate family and private life freedom of assembly work and social protection of work and economic freedom is regulated by law respectively art. of the Code of Criminal Procedure has as its legitimate purpose the conduct of the criminal investigation being a judicial measure applicable during the criminal prosecution and trial being adequate in abstracto to the legitimate purpose pursued it is nondiscriminatory and is necessary in a democratic society for protecting the values of the rule of law. . Given that the measure under analysis is the least intrusive of all the preventive measures that can be ordered in accordance with the Code of.
Criminal Procedure the court finds that the maximum Country Email List duration that this measure cannot be considered discriminatory can be taken by comparison with the maximum duration regulated in the matter of preventive arrest or house arrest not contravening any rule of the Fundamental Law. . Regarding the unconstitutionality of the provisions of art. para. of the Code of Criminal Procedure under the aspect of nonregulation of the deadline for resolving the complaint prior to the deadline for the preventive measure ordered by the prosecutor the court considers that no violation of. On the other hand it is appreciated that such criticism exceeds the competences of the Constitutional.
Court because the constitutional court according to the provisions of art. para. from Law no. rules only on the constitutionality of the acts with respect to which it was notified without being able to modify or complete the provisions subject to control. . According to the provisions of art. para. from Law no. the referral act was communicated to the presidents of the two Chambers of the Parliament the Government and the Peoples Advocate in order to express their views on the exception of unconstitutionality. . The government considers that the exception of unconstitutionality.
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發表於 2023-12-27 17:58:50