The Constitutionality of Safeguards on Extended Confiscation
Journal of Eastern-European Criminal Law No.1/2015
12 Pages Posted: 30 Jul 2015
Date Written: July 30, 2015
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
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