Durata măsurilor preventive în cazul persoanei juridice. O critică a deciziei nr. 139/2016 a Curţii Constituţionale
Duration of preventive measures in case of a legal entity. A critique of the Constitutional Court’s of decision no.139/2016

Summary/Abstract: The present study constitutes a critical analysis of the Constitutional Court's decision no. 139/2016, where the Court rejected the exceptions of unconstitutionality regarding the provisions of Article 493 para. (1) and para (4) from the Criminal Procedure Code. In essence, the exceptions invoked related both to the content of the preventive measures, which were seen as genuine limitations or abolition of the exercise of the right of private property, and to the absence of any time limitations on the duration of the measures in the criminal proceedings. Particularly, in the case of a legal entity in insolvency, the exceptions invoked in the substantive case file concerned the unconstitutionality of the above mentioned Criminal Procedure Code provisions with the Article 44 (right to private property), Article 45 (economic freedom) and Article 53 (restriction of the exercise of certain rights or freedoms) from the Constitution. Following the merger of several cases where the exceptions invoked related to the same texts from the Code of Criminal Procedure, the Constitutional Court decided to reject as unfounded all exceptions. In a formal and retrograde manner, the Constitutional Court’s reasoning reveals both a lack of consistency with its own case-law crystallized in the field of preventive measures for the individual and an inability to understand the underlying principles and objectives of insolvency proceedings. The (too) acid tone of the author can be explained by the fact that he was one of those who invoked and supported the exceptions of unconstitutionality in the background files.

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