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Confiscarea extinsã
Extended Confiscation

Author(s): Roxana Dan
Subject(s): Law, Constitution, Jurisprudence
Published by: Universul Juridic
Keywords: confiscation; extented confiscation; Council Framework Decision 2005/212/JHA of 24 February 2005 on Confiscation of Crime-Related Proceeds; Instrumentalities and Property; Romanian Criminal Code; new Romanian Criminal Code; other applicable domestic legis

Summary/Abstract: This paper, addressed to a specialised public, aims not only to analyse but also to clarify the difficulties encountered in accepting, understanding and applying the new law on “extended confiscation”. This study wishes to offer the reader the opportunity to have access to academic opinions on the theme in order to better form an opinion based on the different interpretations available as well as on the reader’s own perception. The first section takes us back in time to see the first similar regulations in Romania, their flaws, the differences between past realities and current realities as well as some similarities between what our “ancestors” imposed as law and the current achievements of the European Union. The second section treats the present, listing the different academic interpretations of the text, the conditions of application and the characteristics of the text, the true constitutional wars carried on the domain, as well as similar texts found in other states. Eventually, the third and final section takes a look at the future, basing itself on the new proposal for a EU Directive which would bring legal novelty in Romania.

  • Issue Year: IX/2013
  • Issue No: 04
  • Page Range: 76-128
  • Page Count: 53
  • Language: Romanian