58. Cazul de contestație la executare prevăzut la art. 598 alin. (1) lit. c) teza a II-a C. pr. pen.
58. The case of objection to enforcement provided by Art. 598 para. (1) letter c) tenet II of the New Criminal Procedure Code

Summary/Abstract: The objection to enforcement is a jurisdictional procedural means for solving only incidents occurred during the enforcement and during the enforcement of a criminal court decision. The legal case of objection to execution provided by Art. 598 para. (1) letter c) tenet II of the New Criminal Procedure Code is applicable provided that the prevention from execution is final and not temporary. This opinion results from the grammatical interpretation of the aforementioned legal norm; the meaning of the notion of "impediment" is to restrain, stop, hold in place, which, in the case of the aforementioned legal provision, means that execution cannot take place either now or in the future. Preventing the enforcement is not the same as delaying the enforcement, in the latter case the enforcement can occur after the date when it should have occurred naturally.

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