24. Evaziune fiscală. Criterii avute în vedere la soluţionarea cererii de liberare sub control judiciar
24. Tax avoidance. Criteria considered in the settlement of the application for release under judicial control

Summary/Abstract: Regarding the settlement of an application for provisional release lodged by a defendant held in custody for having committed the crime of tax avoidance, provided in and punishable under art. 9 para. (1) letters b) and c) and para. (3) of the Law no. 241/2005, together with the application of art. 41 para. (2) of the Criminal Code. and art. 33 letter a) of the Criminal Code., it shall be verified, in the light of art. 136 of the Code of Civil Procedure, if the purpose of the preventive measures may be achieved by the non-custodial interrogation of the defendant. The age of facts cannot be retrenched in the procedural framework provided by art. 1601-16010 of the Code of Criminal Procedure as regards the maintenance of the grounds considered in taking the action of the preventive arrest and in any case the only criterion considered by the judge invested with a request for provisional release could not be de plano as the specific nature of the economic crimes (the considerable duration of the financial year, respectively), and the complexity of the evidence produced (reports on technical and scientific findings) may justify the choice of the time of lodging the proposal of preventive arrest.

• Details
• Contents