Unele probleme ivite în practica judiciară privind luarea măsurilor asigurătorii în faza de judecată a procesului penal

Judecător dr. Camelia Bogdan

Cercetător CEREFREA

Certain problems arising from judicial practice in relation to precautionary measures in the criminal trial proceedings

Abstract

From the lawmaker’s perspective, reflected in the provisions of art. 112 of the Criminal Code, the forfeiture of the assets acquired as a result of having committed the offence provided in the criminal law is mandatory if the respective assets are not given back to the injured party and insofar as they do not serve as a compensation, of the assets and money obtained from the operation of the assets subject to forfeiture, as well as of the assets produced by them. Or, the judge called to give a verdict in a criminal case shall ensure its effectiveness as well, since the exercise of the judicial function implies the cumulative fulfilment of the iurisdictio and imperium conditions: or, it is only the...