INTERFERENCES OF INSOLVENCY AND CRIMINAL PROCEEDINGS, BETWEEN THE HIGH COURT OF JUSTICE AND CASSATION AND THE CONSTITUTIONAL COURT
INTERFERENCES OF INSOLVENCY AND CRIMINAL PROCEEDINGS, BETWEEN THE HIGH COURT OF JUSTICE AND CASSATION AND THE CONSTITUTIONAL COURT

Summary/Abstract: This paper considers certain aspects related to the application of the article 493 paragraph (1) letter (a) of the Criminal Procedure Code versus the insolvency procedure of the legal entity under the conditions of a distinction within the article on the interference with the insolvency procedure of the legal entity. The recent decision of the High Court of Cassation and Justice seems to have cleared the issue, but from our point of view the debates may be made from in the doctrine. The article does not aim so solve this issue, but it presents the three opinions on the application of article 493 paragraph 1 letter a of the Criminal Procedure Code. At jurisprudential level it seems that the intervention of the legislator on the interpretation of this article is not excluded. This orientation is based on the argument that the scope of the preventive measure made in the criminal trial is to prevent evading the criminal liability.

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