Classification. Lifting of protective measures in civil court. Lack of passive procedural status of the credit institution

According to Article 315 para. (2) letter a) C.pr.pen., the measures cease to be effective if the injured party does not bring an action before the civil court within 30 days of the communication of the decision. In such an action brought before the civil court, on 6 September 2023, the Bucharest Court admitted the exception of the passive procedural status of the credit institution, which I invoked, finding that the defendant is not identical to the person claimed to be bound by the legal relationship at issue (passive procedural status).

The court's decision is final.