CONFISCAREA EXTINSĂ - MĂSURĂ DE SIGURANŢĂ, SANCŢIUNE SUI GENERIS SAU VERITABILĂ PEDEAPSĂ?
EXTENDED CONFISCATION-BETWEEN A SAFETY MEASURE OR A REAL CRIMINAL PUNISMENT?

Summary/Abstract: A relatively new institution in Romanian criminal law, adopted only as a result of the imperative of transposing the numerous international and community legal instruments of the last decades, the institution of „extended confiscation” or „confiscation without conviction” has hardly found its place in our legal system, said that it conflicts with some constitutional principles of tradition from which it is not possible to derogate. So, on the one hand, the Romanian State has to respect its international commitments and, on the other hand, not to overcome some of the rights that have been hardly gained by our young democratic constitutionalism. That is why the extended confiscation, this „bad necessity” of modern criminal law, has already begun and will generate in the future a series of theoretical discussions and controversies, but it also strikes a certain rethinking of the practice, specific to all the innovative institutions and for this may somehow be understood. We will, of course, try within the limits of a not-too-large study, given that the subject is particularly generous, to point out some aspects of the issue of placing extended confiscation to the limit between the two criminal sanctions, penalties and safety measures. We will begin by putting the fight against profit-criminality in the international and European context, then we will take a look at the discussions of the thirties of the last century about the legal nature of confiscation, and then identify some elements that put the new type of confiscation near to by the criminal punishments.

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