Court of Appeal Oradea. Lifting of the measure of seizure of assets worth over RON 2,000,000

In a case pending before the Bihor Court, tried in 2022, lawyer Andra Trandafir obtained the lifting of the measure of attachment of assets worth more than RON 2,000,000 for the heirs of the person against whom the case was ordered to be closed, a solution which occurred following the death of the defendant. Despite the closure of the case against the defendant, the indictment included, in addition to the referral of other persons, the proposal to maintain the precautionary measures without an express reference to the 30-day deadline within which the civil party had to bring a civil action to maintain them. The criminal court, seised of a challenge by the heirs in the procedure for review of the protective measures, held that the court seised of the indictment did not have the functional competence to rule on the protective measures and order their maintenance. In that context, an action was brought before the civil court against the civil party and other authorities having standing in the case. The decision to lift the precautionary measures became final on 4 April 2023, following the decision of the Court of Appeal of Oradea - Civil Division I.

The representation in this case was provided by Mrs. Andra Trandafir together with Mr. Octavian Bochiș from the Bihor Bar Association, collaborator of Kuglay & Trandafir.