NEW PROVISIONS ON THE EXTENSIVE CONFISCATION SECURITY MEASURE Cover Image

NEW PROVISIONS ON THE EXTENSIVE CONFISCATION SECURITY MEASURE
NEW PROVISIONS ON THE EXTENSIVE CONFISCATION SECURITY MEASURE

Author(s): Andreea-Simona Uzlău
Subject(s): Law, Constitution, Jurisprudence, Civil Law
Published by: Editura Hamangiu S.R.L.
Keywords: Extensive confiscation; security measures; proceeds of crime; presumption of lawful acquisition of property;

Summary/Abstract: The paper analyzes the conditions for the application of the extended confiscation security measure, as a result of the recent amendments brought by Law no. 228/2020. The new form of regulation represents the transposition into national legislation of Directive 2014/42 / EU on the freezing and confiscation of instruments and proceeds of crime committed in the European Union. At national level, the criminal and criminal procedure provisions in the field of extended confiscation were analyzed and those regulations that required amendments for a full transposition of the aforementioned directive were identified. The study highlights the new conditions under which the security measure may be ordered, from the perspective of the scope, of the activities carried out by the convicted person who substantiates it, of goods that may be subject to confiscation and the group of persons from whom it may be ordered.

  • Issue Year: 2021
  • Issue No: IX
  • Page Range: 78-85
  • Page Count: 8
  • Language: English
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