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REGULATIONS

temporary security, seizure of items   of the Law on Criminal Procedure,      Hence, in addition to legal
or property, as well as prohibition    which stipulates an obligation for  action by all factors, the mutual
to pursue a specific activity or all   the competent authority to make     cooperation is necessary, as well
activities of the legal entity until   sure not to apply a severe measure  as informedness about the rights
termination of the proceeding,         in the decision making regarding    and the obligations of the jurists
as well as prohibition for status      the application of any measure for  and the economists and consistent
changes of the legal entity. The Law   unobstructed performance of the     application of the law by all factors,
on Criminal Procedure provides an      criminal procedure, if the same     particularly if one considers the
opportunity, at the proposal of the    goal can be achieved with a milder  possible consequences on a larger
public prosecutor, for the judge       measure.                            scale.
of the previous proceeding to be
able with a decision to impose on
the bank or the other financial
institution to monitor the payment
operations, the transactions on
the accounts or other works of
a specific entity and to regularly
inform the public prosecutor
about the timing determined in
the decision, as well as to impose
to a financial institution or a legal
entity to temporarily stop the
performance of a specific financial
transaction or work.

   Pursuant to the Law on Criminal
Procedure, the only authority
that may adopt decisions about
the limitation of the right of
the natural person or the legal
entity, is the court, which is the
basic institution for protection of
human rights and freedoms. The
public prosecution, same as the
counsel/lawyer or the defendant
is a party in the proceeding that
gives proposals, which doesn’t
always mean that they are justified
and acceptable. The judge in a
previous procedure, pursuant to
the competences by law, at the
proposal of the public prosecutor,
has the legal opportunity to adopt
a decision whereby it may directly
impact the survival of every
company. When adopting these
measures, it is necessary to apply
the universally adopted principles
of independent and unbiased acting
and decision-making. On the other
hand, all judicial stakeholders,
prior to the adoption of such type
of decisions, should necessarily
consider the provision of article 144

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