The effects of a criminal case on the insolvency proceedings Cover Image
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Penalul ţine în loc insolvenţa
The effects of a criminal case on the insolvency proceedings

Author(s): Gheorghe Piperea
Subject(s): Law, Constitution, Jurisprudence
Published by: C.H. Beck Publishing House - Romania
Keywords: insolvency; criminal liability of the legal person; special confiscation; extended confiscation; civil action in criminal proceedings

Summary/Abstract: The article offers an interdisciplinary analysis in a clear and obscure area of insolvency interference. The debtor subject to the insolvency procedure, which may be in a legal situation to make him / her suspect, defendant, convict or civilly liable in criminal proceedings or the recipient of preventive measures or security measures to be taken in criminal proceedings, is brought to the fore. Excessive zeal or ignorance of the insolvency procedure in essence and in its principles, the initiation of criminal proceedings, the preventive measures and the security measures that are available in the criminal proceedings may lead to suspension or even interruption of insolvency proceedings. These situations short-circuit and seriously disrupt an ongoing insolvency procedure. The following are analyzed in the study: criminal liability of the legal person who is a debtor in insolvency proceedings, special confiscation and extended confiscation, civil action in criminal proceedings and civil / concurrent civil / criminal proceedings, as well as criminal offenses action for liability for contributing to the appearance of insolvency.

  • Issue Year: 2014
  • Issue No: 12
  • Page Range: 666-676
  • Page Count: 11
  • Language: Romanian
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