Autor: Valentin-Cristian ȘTEFAN
Publicat în: Revista Dreptul nr. 7/2017
Disponibil online: aici.
Titlul lucrării în engleză: Processual remedy whereby it is intended to put an end to the effects of a precautionary measure taken by the prosecutor in the course of criminal prosecution, in the particular assumption that, in the course of enforcement of the criminal judgments
Abstract: The question of law to which the present paper intends to provide an answer concerns the processual remedy whereby it is intended to put an end to the effects of a precautionary measure taken by the prosecutor in the course of the criminal prosecution, in the particular assumption that, in the course of enforcement of the criminal judgment, the prejudice caused by committing the offence is recovered otherwise than by the realisation of assets subject to that measure. From the legal regulation of the matter of precautionary measures in the criminal trial it follows that there are three processual remedies whereby it is intended to put an end to the effects of a precautionary measure, in general: the contestation against the act of taking the precautionary measure, the contestation against the manner of carrying out the precautionary measure, the application for lifting the precautionary measure. Among these, the application for lifting the precautionary measure is the processual remedy specific for the assumption which we are analysing. The former defendant must file an application having as object to lift the precautionary measure, legally grounded on Article 957 (1) of the Civil Procedure Code. It will be addressed to the civil court and will be solved according to the procedure provided by the legislative text to which we referred. The civil court is the one that will verify the fulfilment of the condition that the debtor (the former defendant) gives an satisfactory guarantee.
Keywords: recovery of the prejudice caused by committing the offence; putting an end to the effects of the precautionary measure taken; application for lifting the precautionary measure.
