this post was submitted on 18 Jul 2023
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[–] [email protected] 57 points 1 year ago* (last edited 1 year ago) (2 children)

He was, but if I recall correctly the Romanian law has a limit of 3 months (?) they can keep someone in jail waiting for the trial. As much as I (dis)agree with the sentiment of "jail is for poor people", this is not the case here.

EDIT: Additionally, I think it's okay for him to serve his time only after the due process. This is what makes it fair instead of it being a lynch. Hopefully it's sooner rather than later.

[–] [email protected] 16 points 1 year ago* (last edited 1 year ago) (1 children)

It’s actually 180 days. In this particular case it wasn’t about the limit. Romanian law has another provision: if you are not considered a “threat to society”, you can be investigated without being jailed. Normally, that means you walk free until your trial, with some restrictions on leaving the city or country, depending on your charge. However, if you are considered a flight risk while also not being deemed a “threat to society”, you will usually await trial under house arrest. No need to be rich or famous, just have a half-decent lawyer or a lenient prosecutor who doesn’t even ask for jail time to begin with.

[–] [email protected] 1 points 1 year ago (1 children)

Thanks for the clarification! Do you happen to know the legal basis for the first few months of his non-house arrest?

[–] [email protected] 6 points 1 year ago

Human trafficking is a very serious charge. By default, anyone accused of that would fall under the “threat to society” rule. If he’s at home now, his lawyers must have successfully proven that he would keep his head down, or prosecutors simply stopped asking for jail time. Sometimes they do that if they believe it would increase the chances for suspects to cooperate with the investigation. Neither are uncommon, especially for someone who hasn’t been convicted before.

[–] [email protected] 4 points 1 year ago (1 children)

That's a very good thing. In the US there are people who spend years in jail just waiting to be charged. Some wait so long that by the time they're charged they're coerced into playing guilty because the time they already served would be less than the crime so they're allowed to be free immediately if they plead guilty. If they want to maintain their innocence they'd have to stay longer to wait trial. I have no clue how it's constitutional.

[–] [email protected] 2 points 1 year ago