12. Măsuri asigurătorii. Infracţiuni prevăzute în legea nr. 241/2005
12. Precautionary measures ordered by the court. Crimes provided in the law no. 241/2005

Summary/Abstract: Taking the precautionary measure of seizure in case of the crimes provided in the Law no. 241/2005, for the purpose of repairing the damage, depends on the existence of certain assets in the defendant’s equity or in the equity of the responsible plaintiff party upon seizure, this conclusion arising from the examination of the provisions of art. 165 and art. 166 of the Code of criminal procedure, according to which the body which determines the enforcement of the seizure is obliged to identify and assess the seized assets, as well as to conclude an official report containing the detailed description of the seized assets, by indicating their value. Consequently, the seizure may be established, including in case of the crimes provided in the Law no. 241/2005, only with respect to the assets existing in the defendant’s equity or in the equity of the responsible plaintiff party, whose identification, valuation and description is possible upon establishing the seizure, but not with respect to any future assets.

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