UNELE CONSECINŢE ÎN MATERIE PENALĂ ALE INTERACŢIUNII DINTRE PRACTICIANUL ÎN INSOLVENŢĂ ŞI JUDECĂTORUL-SINDIC
CRIMINAL LAW CONSEQUENCES OF THE INTERACTION BETWEEN THE INSOLVENCY PRACTITIONER AND THE SYNDIC JUDGE

Summary/Abstract: Law No. 85/2014 on insolvency prevention and insolvency proceedings regulates procedures in which insolvency practitioners are involved, thereby acquiring an additional status, depending on the type of procedure. This article analyses, from the perspective of criminal law consequences, the effects of the reviews carried out by the syndic judge or by the court with regard to the scope of the insolvency practitioner’s duties in the respective procedure. The conclusions highlight that the insolvency practitioner has the status of an equivalent public official within the meaning of criminal law, while also enjoying professional independence, although his or her acts are subject to the legality review of the syndic judge. They also show that the obligation to notify the criminal investigation bodies, as provided by Article 267 of the Criminal Code, lies personally with the practitioner.

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