Consideraţii privind caracterul provizoriu al măsurilor asigurătorii dispuse în procesul penal
Considerations regarding the provisional nature of the freezing measures ordered in the criminal proceedings
Author(s): Eduard-Gabriel LevaiSubject(s): Criminal Law
Published by: Uniunea Juriștilor din România
Keywords: maintenance of freezing measures; action in ascertainment; Article 957 of the Civil Procedure Code; ANABI;
Summary/Abstract: The purpose of this study is to analyse the provisional character of the freezing measures. Using both the terminology from the Criminal Procedure Code, as well as that found in the procedural actions of judicial bodies, we can identify several phrases that cover the hypothesis of the disappearance of freezing measures in the criminal proceedings. However, the stability of the final limit of freezing measures has proven to be a difficult exercise, precisely as a result of the fact that, within this legal institution, there is both a merging of the two branches of fundamental law, civil law and criminal law, as well as a junction between the „possession” of the criminal procedure and the „possession” of the civil procedure. Thus, very often, the freezing measures ordered in the criminal proceedings end up surviving after the conclusion of the criminal process, in which case their final limits will be found in the realm of civil procedures.
Journal: Revista „Dreptul”
- Issue Year: 2024
- Issue No: 02
- Page Range: 85-102
- Page Count: 18
- Language: Romanian
- Content File-PDF
