THE COMPENSATION FOR LOSS AND THE RECOVERY OF THE GOODS OBTAINED BY COMMITTING CRIMINAL OFFENCES - THE NEW CRIMINAL POLICY OF THE ROMANIAN STATE
THE COMPENSATION FOR LOSS AND THE RECOVERY OF THE GOODS OBTAINED BY COMMITTING CRIMINAL OFFENCES - THE NEW CRIMINAL POLICY OF THE ROMANIAN STATE

Summary/Abstract: The academic literature of the last decades and the ECHR acknowledge the proportionality of criminal protection as an essential rule of Criminal Law, which means that the measures chosen by the legislator for fighting criminality have to be appropriate, necessary and equivalent to the gravity of the penalised conduct [nulla poena (sanctio) sine crimine et necessitate]. As regards the criminal offences aimed at obtaining illegal gains, as a special application of the principle of proportionality of criminal protection, in the last years, the state's criminal policy has started to change, whereas its main goal is the compensation for the loss caused, the recovery of illicit goods or the confiscation thereof, in order to introduce them or their value equivalent in the public budget. The criminal policy of the last decades has undergone visible changes in respect of the criminal offences through which the offenders aim to obtain goods. Starting from the objective according to which the criminal offences do not create goods, the laws adopted in the last years are mainly aimed at compensation the damages and at recovering the goods obtained by committing criminal offences. In this article, we want to signal this change of paradigm and to present some institutions that breathe the new conception.

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