Modalităţi de îndeplinire a măsurilor asiguratorii dispuse de organele de urmărire penală
Modalities of executing the ensuring methods ordered by the prosecution bodies

Summary/Abstract: Through the ordinance of the prosecutor of establishing the levy on all movable and immovable property, as well as over the accounts and amounts of money owned in bank accounts by certain legal private entities, within the conditions in which the amounts from certain accounts either had a special destination, or the legal entity holding the account could not dispose freely of those, including the related amounts of the developing projects financed from structural instruments, existing in the accounts of the beneficiaries, and that are not submitted to the foreclosure on a certain period of time, may be frozen only those accounts and amounts of the accounts that do not have an express purpose provided by law and over which the legal entity concerned has a right of disposal unconditionally bounded by the legal nature of the respective account or amount of the account. Considering that according to the provisions of art. 165 paragraph (1) Criminal Procedure Code [art. 252 par. (1) new Criminal Procedure Code], the organism proceeding to the appliance of the levy is bound to identify and assess the seized goods, being able to use if necessary also experts or assessors, knowing of the elements of identification of the legal nature of the respective accounts and amounts from such accounts may determine a procedural conduct in the said meaning. To execute the ordinance of the prosecutor establishing the levy towards certain receivables, liquid and payable that the debtors of the civil responsible side have paid to this side, in the conditions in which some of the debtors, that do not have a judicial report with a public institution, cannot open accounts at the State Treasury for the recording and blocking the respective amount at the disposal of the prosecutor’s office, the debtor notified with regards to the establishment of the precautionary seizure, being in impossibility of opening an account at the State Treasury for recording the amount owed to the civil responsible side at the disposal of the prosecutor, may communicate the prosecution body the incident situation and the account opened by debtor in another operational bank unit for recording the debt, in view of establishing the precautionary seizure.

• Details
• Contents