REȚINEREA SAU ARESTAREA ILEGALĂ – IMPLICAȚII JURIDICO- PENALE ȘI INGERINȚE ÎN RESPECTAREA DREPTURILOR OMULUI LA NIVEL NAȚIONAL

Abstract

The freedom of the person is one of the most important values, which has to be strictly protected in the case of the state interference and in the case of applica- tion of the force when restraining or arresting the person. The legislation of the Republic of Moldova has succeeded in establishing the needed restrictions in order to guarantee this freedom, through elaborating a series of legal acts, which are in accordance with the international standards. Moreover, the criminal law in this regard incriminates the deed of the persons empowered with the application of the restraint or arrest, by which they knowingly apply the respective measures under conditions of illegality. In this respect, the act of unlawful restraint or arrest inserted in the Criminal Code comes to ensure the necessity of respecting the right to the physical inviolability of the person who is subjected to the severe measure of intervention - deprivation of liberty.