Special or Extended Confiscation During the Criminal Trial in Romania
Special or Extended Confiscation During the Criminal Trial in Romania

Author(s): Daniela Cristina Valea
Subject(s): Criminal Law
Published by: Societatea de Stiinte Juridice si Administrative
Keywords: special confiscation; extended confiscation; asset freezing; trial; rights of defendant;
Summary/Abstract: In the field of the Romanian Criminal trial, especially regarding the serious defences, judiciary body may order asset freezing, in order to avoid concealment, destruction, disposal or dissipation of the assets that may be subject to special or extended confiscation or that may serve to secure the penalty by fine enforcement or to pay court fees or to compensate damages caused by the committed offense. A general legal frame has provide by art. 112 and 1121 Criminal Code, art. 249-253 Criminal Procedure Code. For a clear outline of the special or extended confiscation, including the fact that such aspects may prejudice the rights of the defendant or could interesting entire criminal trail, must take into consideration the provisions and guarantees provided by the Convention for the Protection of Human Rights and Fundamental Freedoms (European Convention), and also the Romanian Constitutional Court’s jurisprudence or the High Court of Review and Justice decisions regarding the motion of appeal in the interest of the law.

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