Short reflections regarding precautionary and preventive measures ordered in the criminal trial against an insolvent legal person

• Author: Lumini?a Cristiu-Ninu
• Position: Judge Court of Appel Bucharest (email: luminita.cristiu@just.ro).
• Pages: 130-144

LESIJ NO. XXIV, VOL. 1/2017

SHORT REFLECTIONS REGARDING PRECAUTIONARY AND PREVENTIVE

MEASURES ORDERED IN THE CRIMINAL TRIAL AGAINST AN INSOLVEN T

LEGAL PERSON

Luminița CRISTIU-NINU

Abstract

The judicial realities have shown us that the field of the precautionary a nd preventive measures ruled

in the criminal trial against the insolvent judicial person is not correctly and efficiently regulated.

There are a series of peculiarities that should be attentively analyzed in order to eliminate the negative

effects of the interference of the criminal procedures with those of insolvency. The lack o f a specific

package of standards that h elp managing such a situation, but also, sometimes, the misinterpretation

of the existing regulations in the field may generate situations that go almost beyond the legal persons

in such a position.

Keywords: insolvency, procedure, legal person, precautionary measures, preventive measures,

order, trial/ law suit.

Introduction

This study is intended to approac h

some aspects implied by the interference of

the insolvency procedure with the criminal

trial and since the most frequent que stion of

the experts in insolvency has become if, the

criminal trials may block the insolvency

procedure, it seems convenient to start with

the conclusio n itself, that criminal tr ials

should not hold back the insolvency

procedure.

The lack of clear judicial provisions

and especially enacted for managing such

issues and sometimes t he misinterpretations

of the existing provisions may generate

situations that the legal persons may find

hard to go beyond.

 Judge Court of Appel Bucharest (email: luminita.cristiu@just.ro).

1. Economic measures taken against

the insolvent legal person

During a criminal trial, several

categories of economic measure can be

taken against a legal person and it is

important to make a clear-cut distinction

between measures that may be taken during

the criminal trial and those taken by final

criminal judgement.

If the respective legal person is in an

insolvency procedure, as a debtor, the

distinction above is very important since the

existence of an ongoing criminal trial or, on

a case to case basis, of a final criminal

judgement influences in different ways the

insolvency procedure, as follows.

1.1. Measures taken during the

criminal trial

The measures that may be o rdered

during the criminal trial that have economic