Taking protective measures in the criminal proceedings with regard to the assets fraudulently alienated after committing the criminal act Cover Image
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Luarea măsurilor asigurătorii în procesul penal cu privire la bunurile înstrăinate fraudulos după săvârșirea faptei penale
Taking protective measures in the criminal proceedings with regard to the assets fraudulently alienated after committing the criminal act

Author(s): Vicențiu-Răzvan Gherghe
Subject(s): Criminal Law, Civil Law, Criminology
Published by: Uniunea Juriștilor din România
Keywords: protective measures; distraint; garnishment; fraudulent acts; simulation; Paulian fraud;

Summary/Abstract: The article addresses the current issue of fraudulent alienation acts concluded by the perpetrator, suspect, defendant or civilly liable party, in order to „shelter” assets that could be the object of protective measures instituted in criminal proceedings, analysing the legal procedures for the fraudulent alienation of these assets, the possibility of their unavailability in criminal proceedings, as well as the procedural conduct of the criminal court regarding the legal fate of fraudulent acts of alienation of these assets, aimed at ensuring the achievement of the purpose of these procedural measures.

  • Issue Year: 2023
  • Issue No: 05
  • Page Range: 90-121
  • Page Count: 32
  • Language: Romanian