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

To continue reading

Request your trial