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Confiscarea extinsă
Extended confiscation

Author(s): Lavinia Valeria Lefterache
Subject(s): Law, Constitution, Jurisprudence
Published by: C.H. Beck Publishing House - Romania
Keywords: extended confiscation;evidence;presumptions;burden of proof;

Summary/Abstract: This article aims to reflect on evidence and assumptions concerning the safety measure of extended confiscation. The regulation of one of the conditions in which the extended confiscation is disposed (the court’s conviction that those assets derive from criminal activity, other than those for which the sentence is pronounced) brings into question both the way in which such a belief is formed, the way in the mentioned condition reports to the presumption of lawful character of the property and the way the equality of parties is respected in the light of the evidence that the defense has available to overturn the evidence produced by the prosecution.

  • Issue Year: 2015
  • Issue No: 07
  • Page Range: 387-396
  • Page Count: 10
  • Language: Romanian