2015

Extended confiscation in the New Criminal Code - Mihălcescu Elena Claudia
Abstract: 7 years since the Council Framework Decision 2005/212/JHA of February 24th, 2005 on confiscation of crime-related proceeds, instrumentalities and property, the Romanian legislator brings in the legal framework Law no. 63/2012, which introduced an institution that is found in most of the member states of the European Union: extended confiscation. Established by the legislator as a security measure, the extended confiscation appears as a necessity in a European Union’ state. Once the New Criminal Code is applied, the measure finds its framework in a general statutory provision, but not in the perfect terms.

Key-words: extended confiscation, the new criminal code, constitutionality, safety measures.

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