THE EXTENDED CONFISCATION. THE APPLICATION FIELD AND THE CONDITIONS RELATED TO THE MEASURE-TAKING
THE EXTENDED CONFISCATION. THE APPLICATION FIELD AND THE CONDITIONS RELATED TO THE MEASURE-TAKING

Summary/Abstract: As an answer to the need of harmonising the national legislation to the European one throughout the year 2012, Romania completed its internal regulations in the confiscation field by introducing a new safety measure: the extended confiscation. The juridical norm that regulates the extended confiscation has the purpose of generating intense and contradictory discussions about its compliance with the fundamental law of the Romanian state, its application field and the taking conditions, the involved probation level, the proportionality that must exist between the need to defend the rightful order and the limitation brought to the ownership right. Without any written papers dedicated to it and without any substantial judicial practice, the extended confiscation’s institution represents a contemporary topic of maximum interest for the law specialists as well as for the criminal law consignees. Therefore, the present approach is an attempt at searching and finding answers to two of the mentioned issues: the application field of the extended confiscation and the conditions in which this safety measure may be taken.

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