Penal action and civil action in bankruptcy's offence case

• Author: Gheorghe Ivan
• Position: University reader doctor. University 'Dunarea de Jos' Galati. Faculty of Rights. The Public Right Desk
• Pages: 90-98

90

PENAL ACTION AND CIVIL ACTION IN BANKRUPTCY’S

OFFENCE CASE

University reader doctor Gheorghe Ivan

University „Dunarea de Jos” Galati

Faculty of Rights

The Public Right Desk

ivan_gheorghe_p@yahoo.com

Abstract:

Civil action may be exercised along with penal action, only with the

purpose of bringing back the goods, the hidden values or the fraud values in a

strange way to the failure table, due to some actions which enter in bankruptcy’s

underground content.

Creditors may have a civil part quality because they suffer the damages of

the action, also like the insolvent debtors.

The penal action and the mercantile action of the judicial reconstruction or

debtor bankruptcy’s are independent, having a different current, the charges of the

19th article, the second paragraph, Code of criminal procedure being

impracticable.

Only final injunctions of the penal instances have judge work authority.

There is an exception: the solution of the penal pursuit instances, only if they aren’t

confirmed by the judgment instances.

The final injunction of the mercantile instance regarding the unsolved

procedure has judged work authority in front of the penal and judicial instances

(prosecution instances and judgment organization) that solve the penal action,

human penal responsibility, which make the bankruptcy’s offence to be the object

in the mercantile insolvent existing state of the condition.

Key words: penal action, civil action, bankruptcy.

1. Civil action along with penal action forms a very controversial problem

for the damaged creditors through the bankruptcy’s offence. In an old opinion it

sustained that the civil action is not allowable because, through it the creditor who

would make the civil action would obtain, individually, damages which would

break the leveling rule of the bankrupting contestable procedure149.

In another opinion150, creditors may form civil parts in penal process, in the

action of requiring damages from the bankruptcy’s offence (ex delictu).

149 M. Pascanu, Romanian Bankruptcy’s Right, Cugetarea Publishing House, Bucharest, 1926, page

659.

150 N. Buzea, Note, Pandectele Romane, 1930, II, pages 18-20.