CONSIDERAȚII PRIVIND MĂSURILE ASIGURATORII, INDIVIDUALIZAREA ȘI EVALUAREA BUNURILOR, RIDICAREA ȘI MODIFICAREA DE CĂTRE PROCUROR A MĂSURILOR DISPUSE
CONSIDERATIONS ON INSURANCE MEASURES, INDIVIDUALIZATION AND ASSESSMENT OF ASSETS, COLLECTION AND AMENDMENT BY THE PROSECUTORS OF THE MEASURES PROVIDED

Summary/Abstract: Judicial practice in the matter of the imposition of protective measures on property in the criminal proceeding has been and continues to be uneven. A part of the issue in question was clarified by Decision no. 19 of 2017 of the High Court of Cassation and Justice, which, at the hearing on October 16, 2017, admitted the appeal in the interest of the law and found that it was not necessary, at the moment of imposing the precautionary measure in the criminal trial, to indicate prove the existence or individualization of the goods on which the precautionary measure is established. However, important issues frequently encountered in the practice of the judiciary, such as: the issue of applying the precautionary measure to future goods remain unresolved; solutions for the amendment by the prosecutor, during prosecution, of the precautionary measures ordered as a result of the finding of new facts and circumstances affecting the legality of the measure; the possibility of replacing goods on which the precautionary measure has been instituted, respecting the competition of the probable value of the damage and the notion of non-coincidence of the non-penalized consequences that the investigated person suffers as a result of the criminal offense committed.

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