CONSIDERATIONS ON THE LEGAL NATURE OF THE EXTENDED CONFISCATION
CONSIDERATIONS ON THE LEGAL NATURE OF THE EXTENDED CONFISCATION

Summary/Abstract: The present analytical study proposes to identify the arguments supporting the conferral of a criminal or civil legal nature to the institution of extended confiscation, in the autonomous sense of the European Convention on Human Rights and Fundamental Freedoms.It is found, under this aspect, that the fact the ECHR jurisprudence did not provide if, in the autonomous sense of the Convention, regarding the accused, the institution of the extended confiscation represents an accusation in criminal matters, a punishment or if it represents a civil consequence of committing an act provided by the criminal law.However, if in what regards the convicted person, there are still controversies with regards to the nature of the extended confiscation which follows to be ordered against them, regarding the third parties whose assets are to be subjected to the same safety measure there is no discussion about an accusation in criminal matters.

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