Appeal against enforcement. Precautionary measures ordered by the court

DREPT PENAL ŞI DREPT PROCESUAL PENAL

Abstract

According to Article 598 para. 1 letter c) of the Code of Criminal Procedure, the challenge against the enforcement of the criminal judgment may be filed when any point of concern occurs in relation to the judgment to be enforced or any prevention from enforcement. It obviously results from the indicated legal text that only issues aiming at the enforcement of the criminal judgment may be relied on and examined by way of challenge against enforcement, and by no means previous issues, likely to be called into question and settled upon resolution of the merits of the case. In the light of the law, the challenge against enforcement was set forth as a procedural means opened for the settlement of certain issues subsequent to the judgment to be enforced, and not for reasons calling into question the lawfulness and validity itself of the action included in the operative part of the judgment and which may be invoked and settled when judging the merits of the legal proceedings. In any case, the challenge against enforcement cannot be used as an alternative for the situation in which, even if the law set forth a special remedy at law, the person in question has not understood to use it.