Prejudiciul cauzat prin nerespectarea obligaţiei de conservare a bunului indisponibilizat în cursul procesului penal. Faptă omisivă

Damage caused by breach of the obligation to preserve property seized during criminal proceedings. Act of omission

Abstract

The object of litigation consists of compensation for damage caused as a result of complete destruction of the vehicle in the defendant's custody during the resolution of criminal proceedings. In this case, the plaintiff essentially claimed that the property in their ownership, seized until the resolution of a criminal dispute, was destroyed while in the defendant's custody, the latter having the obligation to preserve it.

The defendant committed an unlawful act of omission, consisting in the breach of the duty of care related to taking all measures capable of ensuring the integrity of the seized property during the period it was under their guard, the damage produced by the destruction of the property being represented by its equivalent...