Scope of criminal prohibition on dissolution: Exclusion of insolvency and bankruptcy liquidation procedures from Art. 493 Crim. Proc. Code

The High Court of Cassation and Justice, in a proceeding concerning the uniform interpretation of criminal procedural law, admitted the prosecutor general's appeal in the interest of the law and established a binding judicial solution that remains in force. The dispute centered on the scope of the criminal procedural measure prohibiting the initiation of dissolution or liquidation of a legal person, specifically whether this interdiction extends to corporate insolvency proceedings. The court ruled that the prohibition under Article 493(1)(a) of the Criminal Procedure Code does not apply to dissolution or liquidation within the framework of bankruptcy proceedings governed by Law No. 85/2014 on insolvency prevention and insolvency procedures. This decisive legal clarification, issued pursuant to Article 474(4) of the Criminal Procedure Code, limits the preventive effect of criminal investigations to voluntary or judicial civil law dissolutions, excluding statutory insolvency processes from such restrictions.