„Interpretarea şi aplicarea dispoziţiilor art. 493 alin. (1) lit. a) din Codul de procedură penală în privinţa procedurii de insolvenţă a persoanelor juridice prevăzute de Legea nr. 85/2014
“The interpretation and application of provisions of art. 493 para. (1) letter a) of the Code of criminal procedure regarding the insolvency proceedings of the legal entities provided by Law no. 85/2014

Summary/Abstract: The Faculty of Law of Babeş Bolyai University was notified, by a repeated letter, to rule on, by a written opinion of its specialists, regarding the issues of law subjected to the clarification in the Casefile no. 459/1/2020 of the High Court of Cassation and Justice, having as object the appeal in the interests of the law regarding “The interpretation and application of provisions of art. 493 para. (1) letter a) of the Code of criminal procedure regarding the insolvency proceedings of the legal entities provided by Law no. 85/2014 on insolvency prevention and insolvency procedures”. The letter expressly indicates: “Considering that the issues of law subjected to clarification in the above mentioned appeal in the interests of the law aim as well, at issues which are circumscribed to the insolvency proceedings in the regulation of Law no. 85/2014, we hereby ask you to send us the written opinion of the specialists in the matter of insolvency within the Department of private law of the faculty”. You will find below the written opinion drafted by the tenure of the discipline of Insolvency Law following the consultation with the specialists of one of the strategic partners of the faculty – CITR. About a year away, waiting for the reasoning of this decision – Decision no. 18/2020 in the casefile no. 459/1/2020 – we can recognize the pessimism (blown away by the panel which delivered the decision) which accompanied us over the (short) period of time within which we drew up this opinion. Post factum we enjoy this generated “disappointment” .

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