Notă la încheierea din 26 martie 2012 pronunţată în dosarul nr. 8240/3/2012, de Tribunalul Bucureşti, Secţia I penală, definitivă
Commentary upon the decision of 26 mars 2012 given by Bucharest Tribunal, 1st Criminal Chamber, in the file 8240/3/2012

Summary/Abstract: Two are the legal conditions for a precautionary measure to be taken towards a legal person: justified reasons for the reasonable presumption that the legal person has perpetrated a deed provided by the criminal law and the necessity to ensure the proper development of the criminal trial by taking the said measure. According to court decisions here commented upon, which are based on the caselaw of the ECHR, a third condition is to be added, namely the proportionality of the said measure with the purpose being seeked. Therefore, the lack of proportionality with the purpose seeked prevents the judge from taking the measure of prohibiting the legal person’s activity.

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