Măsuri asigurătorii în procesul penal. Sechestrul asigurător. Condiţiile şi limitele luării măsurii. Evaluarea bunului sechestrat

Precautionary measures in criminal proceedings. Precautionary seizure. Measure conditions and limits. Seized asset evaluation

Abstract

The precautionary measure shall be taken up to the value of the damage, reason why the injunction or, if applicable, the decision whereby the measure is ruled must mention the limits of the damage, as expressly stated at art. 249 para 5 of the Criminal Procedure Code.

The motivation of the decision whereby the precautionary measures are installed must be effective de facto as well as de iure.

The minutes of the seizure shall include the thorough description of the seized assets and their values, as set according to art. 252 of the same Code.

The criminal investigation body erroneously ruled the precautionary measure without justifying it and ordered the seizure of all immovable assets identified in case of the defendant, without...