The Constitutionality of Safeguards on Extended Confiscation

Journal of Eastern-European Criminal Law No.1/2015

12 Pages Posted: 30 Jul 2015

See all articles by Tudorel Toader

Tudorel Toader

Faculty of Law, Alexandru Ioan Cuza University of Iaşi; Constitutional Court of Romania

Marieta Safta

Constitutional Court of Romania; Titu Maiorescu University - Faculty of Law

Date Written: July 30, 2015

Abstract

The extended confiscation has been recently enshrined in the Romanian criminal law. In the decisions delivered in this matter the Constitutional Court held that the norms of Criminal Code on extended confiscation are constitutional insofar they are not applied to acts committed and to assets acquired before the entry into force of Law no. 63/2012 amending and supplementing the Romanian Criminal Code and Law no. 286/2009 on the Criminal Code. This study offers an analysis from a constitutional point of view of safeguard on extended confiscation, especially from constitutional rules point of view which regulate the principle of non-retroactivity of the law, except for the criminal law or the more favourable non-criminal law, the right to property, respectively the presumption of lawful acquirement of property and the standard of proof required in order to reverse this legal presumption, analysis founded also on the case law in this matter.

Keywords: extended confiscation, constitutional review, the principle of non-retroactivity of the law, except for the criminal law or the more favourable non-criminal law, the presumption of lawful acquirement of property, the right to property

JEL Classification: K14

Suggested Citation

Toader, Tudorel and Safta, Marieta, The Constitutionality of Safeguards on Extended Confiscation (July 30, 2015). Journal of Eastern-European Criminal Law No.1/2015. Available at SSRN: https://ssrn.com/abstract=2637771

Tudorel Toader

Faculty of Law, Alexandru Ioan Cuza University of Iaşi ( email )

B-ul Carol I nr.11
IAŞI, 700506
Romania

Constitutional Court of Romania ( email )

Palatul Parlamentului, Intrarea B1, Calea 13
Septembrie nr. 2
Bucharest, sector 5
Romania

Marieta Safta (Contact Author)

Constitutional Court of Romania ( email )

Palatul Parlamentului, Intrarea B1, Calea 13
Septembrie nr. 2
Bucharest, sector 5
Romania

Titu Maiorescu University - Faculty of Law ( email )

Strada Dâmbovnicului 22
Bucharest, 040441
Romania

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