Contestaţia în cazul măsurilor preventive aplicabile persoanei juridice//Challenging the preventive measures applicable to legal persons

Abstract

The presentation aims to analyse art. 493 par. 7 of the Romanian Criminal Procedure Code which regulates the challenge of preventive measures taken against legal persons. The presentation will provide an overview of aspects such as the persons who can file such a challenge, the arguments which can be brought, the competent court, the decision to be taken, as well as the possibility to challenge the court order through which the court of appeal takes or maintains the preventive measures, based on the relevant case law and legal literature. A paralel with the rescission of preventive measures shall be made, in order to bring into light the main differences between the two regulations.

Keywords

• preventive measures
• legal persons
• challenge
• rescission of preventive meassures against legal persons