The research in reference is dedicated to the inviolability of the person as a principle of the criminal process and as a legal guarantee of personal security, which obliges adequate protection. On the other hand, the freedom of the person represents one of the greatest social values. The person can be deprived of liberty only in exceptional cases, based on grounds strictly regulated by law. No one should be arbitrarily deprived of this freedom. The arrest of the person must be ordered as an ultima ratio. The main rule is to search the person at liberty, and the presumption is always in favor of release. The authors research, in this sense, the jurisprudence of the Republic of Moldova and that of the ECHR, they come up with practical recommendations and proposals for ferenda law, trying to align and correspond the internal norms to the standards imposed by art. 5 of the ECHR.