Reprezentarea persoanei juridice aflate în procedura insolvenței în procesul penal. Lipsa avizului prealabil al administratorului judiciar
Representation of a company undergoing insolvency proceedings in the criminal process. Absence of prior approval from the judicial administrator

Summary/Abstract: Irrespective of the status that the insolvent company acquires in the criminal proceedings, the trustee’s exercise of the legal person’s rights involves certain particularities depending on the stage of the insolvency proceedings. Prior to the initiation of any legal proceedings, it is necessary to obtain the prior approval of the liquidator or for the contractual representation to operate under a legal assistance contract concluded with the liquidator, as appropriate. The above issues have a bearing on the examination of the criteria for admissibility of the entity’s claims, which are considered by the judicial body at any stage or phase of criminal proceedings. On the contrary, where there is doubt as to the person or entity who has mandated the contractual representative to represent the interests of the company in the criminal proceedings, it is necessary for the judicial body to request information on the right of representation. Insofar as these are not provided or there is insufficient information to prove the right of representation, the proceedings initiated must be considered inadmissible as they are brought by a person who is not a representative of the company.

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