2015

Summary: Courtsmust ensure that any decision is based on a sufficiently solid factual foundation, derived from concrete evidence, obtained in accordance with the law, and capable of substantiating the grounds invoked. Judicial review of the allegations made is not limited to assessing the abstract plausibility of the grounds invoked, but must specifically examinewhether those grounds—or at least one of them, considered sufficient in itself to support the decision in question—are well-founded. Judicial review requires a court to verify whether the grounds invoked in support of the requested decision are sufficiently precise and concrete, as well as whetherthe material factscorresponding to the requesthave been provenin light of the evidence presented by the prosecution.

Keywords: evidence, presumptions, preventive measures, forfeiture, legal entity