2015
Andra-Roxana TRANDAFIR, Commentary upon the decision of 26 mars 2012 given by Bucharest Tribunal, 1st Criminal Chamber, in the file 8240/3/2012
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.
Key-words: legal person, precautionary measure, proportionality, prohibiting the
activity
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