Confiscation of means of transport in Romanian Criminal Code and judicial practice Cover Image

Confiscarea mijloacelor de transport în Codul penal român şi în practica judiciară
Confiscation of means of transport in Romanian Criminal Code and judicial practice

Author(s): Adrian Stan
Subject(s): Criminal Law
Published by: Universul Juridic
Keywords: instrumentum delicti; special confiscation; property used in the commission of the crime; confiscation by equivalent; means of transport;

Summary/Abstract: In this article, we aim to explore the issue of the security measure of special confiscation of goods that facilitated the criminal's commission of the act provided for by the criminal law, more precisely the means of transport. Our goal is, in the first stage, to identify these things from a conceptual point of view, through the lens of their character as instruments of crime and to delimit them, briefly, from other goods subject to the security measure, such as the proceeds of the crime or the goods whose possession is prohibited.Forward, in an applied approach, we will focus on some recent solutions of judicial practice that have caused the analysis of the relationship between the means of transport and the illegal act through the prism of the possibility of their confiscation, in the context in which, in jurisprudence, they can be identified from what in more and more solutions regarding migration regime crimes in which vehicles are used.

  • Issue Year: 2024
  • Issue No: 1
  • Page Range: 61-76
  • Page Count: 15
  • Language: Romanian
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