Menținerea măsurilor asigurătorii în procesul penal. Natura juridică și consecințele nerespectării termenului de menținere a măsurii
Maintenance of the preventive measures in the criminal process. The legal nature and consequences of the non-compliance with the term for maintaining the measure

Summary/Abstract: The institution of preventive measures in the criminal process currently raises issues of great interest for jurisprudence and doctrine from the perspective of the way of transposing the legislation of the European Union, the nature of the terms in which these measures must be maintained and, implicitly, the sanction that non-compliance with them entails, the admissibility of a decision prerequisites for solving this legal issue, as well as the manner in which the insurance measures in the criminal process interfere with the rules related to insolvency. The issue of applying a sanction regarding non-compliance with the deadlines for maintaining these measures can generate a non-uniform practice, which can have significant unavailability effects from a patrimonial perspective, creating a discriminatory situation against natural or legal persons subject to the same legal norms.

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