CONFISCAREA SPECIALĂ. CONFISCAREA EXTINSĂ. STANDARDE PROBATORII
Special Confiscation. Extended Confiscation. Probatory Standards.

Author(s): Mihai-Costin Toader
Subject(s): Criminal Law
Published by: Universul Juridic
Keywords: special confiscation; extended confiscation; probative standard; reasonable doubt; probability balance;
Summary/Abstract: The present study aims at providing the most judicious explanation of the issue of the standard of proof alleged by the legislator for the protection of the legal nature and the regulation of special confiscation and extensive confiscation by emphasizing solutions from the national and European judicial practice that the competent judicial bodies may have one of these criminal penalties. Reflecting the literature and jurisprudence in the matter, interpreted from the subjective perspective of a criminal scientist, without giving the claim to omniscience or exhaustiveness, the present study, the fruit of a scientific research, provides a theoretical solution for practitioners called to work in in an incipient or in perfect form, the prescriptions of special confiscation or extended confiscation from the point of view of the probative standard required by the legislator to adopt these sanctions. The paper aims to be one of the many stages of search and study, in order to articulate a solid doctoral thesis, which pluri- nally addresses the criminal money laundering phenomenon.

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