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The first unconstitutional exception regarding the New Code of Civil Procedure has been admitted

By means of Decision no. 473, dated November 21st, 2013 and published in the Official Gazette no. 30 dated January 15th, 2014, the Constitutional Court decided that the article no. 659 paragraph (2) of the New Civil Code providing that the Public Ministry, at the enforcement’s officer request, has the obligation to participate in finding out certain information about pursued debtors.

Prosecutors could have receive such requests only if other public institutions, legal or natural persons have failed to provide enough information in order to fulfill the enforcement procedure, the recovery of the debt.

This information could refer to banks where the debtor has opened accounts, if he holds any state titles or other values in his patrimony that can be capitalized.

It has been decided by the Constitutional Court that the legal text is not clear and predictable, that the role of the prosecutor in judicial proceedings has been defied and the principle of the prosecutor’s impartiality has been overlooked.

Prosecutors could have receive such requests only if other public institutions, legal or natural persons have failed to provide enough information in order to fulfill the enforcement procedure, the recovery of the debt.

This information could refer to banks where the debtor has opened accounts, if he holds any state titles or other values in his patrimony that can be capitalized.

It has been decided by the Constitutional Court that the legal text is not clear and predictable, that the role of the prosecutor in judicial proceedings has been defied and the principle of the prosecutor’s impartiality has been overlooked.

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