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Abstract: The preventive measures provided in the Criminal Procedure Code of Romania for moral persons are regulated in a compact manner, within a single article of the law, and its few amendments have done little to improve them. The limitations of the current regulation are becoming more and more visible as the judiciary practice diversifies, generating effects contrary to the scope of preventive measures. 

The present endeavor will first analyze the conditions that must be met in order to take preventive measures against a moral person, stating the necessary correlations with the general part of the Criminal Procedure Code. Preventive measures will then be analyzed individually, in accordance with the judicial practice of the courts and identifying the shortcomings of the current legal statutes. In the final part of this paper, we will take a look at comparative law and elaborate on amendment proposals, also noting the necessary correlation with the Criminal Code when reforming this section of the law.

For preventive measures to represent a useful tool in prosecution and judging of criminal offenses, the law must provide coherent, congruent and explicit statues. The limitations on fundamental rights demand proper safeguards in order to maintain the fragile balance between private and public interests. Taking into account the passive stance of the Constitutional Court as regards the shortcomings of the current legislation, it is the sole task of the national legislator to reopen discussions regarding the preventive measures against moral persons, in order to create legal statues in accordance with constitutional and conventional provisions. 

Keywords: preventive measures, moral persons, merger, absorption, patrimonial operations, bail.