Real precautionary measures in the preliminary investigation phase for traffic crimes and comprehensive reparation

Abstract

Precautionary measures are mechanisms restricting the personal liberty or property of the accused person ordered by a competent judge, the purpose of which is to ensure the purposes of the criminal procedure, the effectiveness of the sentence and/or to ensure full reparation to the victim. Pre-procedural investigations of traffic crimes can be of long duration or unduly prolonged, in which several experts are carried out to determine who is criminally responsible for the crime and if there is no precautionary measure of a real nature, legally it can alienate assets and avoid comprehensive reparation, compensation for material damages. The methodology used was the qualitative, dogmatic and comparative method of law, in order to meet the objective of analyzing the procedural regulation of precautionary measures in the preliminary investigation phase, in relation to traffic crimes, and the violation of the victim's right to comprehensive reparation. In the research, the research technique of comparative bibliographic review was used and bibliographic records were used as an instrument to record the relevant elements of the documents used. It concludes that, although the victim has the right to comprehensive reparation through different modalities, there is no legal possibility to adopt real precautionary measures in the preliminary investigation phase, the only procedural moment being the prosecutorial instruction stage in a hearing.