Confiscarea Extinsă
Extended Confiscation
Author(s): Nadia ZlateSubject(s): Constitutional Law, Civil Law, Administrative Law
Published by: Universitatea de Studii Europene din Moldova
Keywords: security measures; extended confiscation; standard of proof; more favorable criminal law;
Summary/Abstract: Extended confiscation is a personal security measure consisting in the forced and gratuitous transfer of property to the state patrimony, in the cases and under the conditions provided by law, which may be ordered in case of conviction of a person for committing a crime of a certain susceptibility to procure a material benefit, when the court is convinced that the goods in question come from criminal activities. // The conviction of the court must be complete, based on the circumstances of the case, of specific facts, regarding the fact that the respective goods are the result of some criminal activities carried out by the convicted person. The evidence administered must not be capable of leading to the conviction of the defendant for these criminal activities as well, but it is sufficient to be such as to create in the court the conviction that the goods come from criminal activities. // The property acquired by the convicted person during this period, but which is no longer in his possession or property, being transferred to third parties, if they knew or should have known [1] that the purpose of the transfer was to avoid confiscation, also fulfill this condition.
Journal: Vector European
- Issue Year: 2021
- Issue No: 01
- Page Range: 63-67
- Page Count: 5
- Language: Romanian