Posibilitatea confiscării speciale a banilor daţi cu dobândă, ca îndeletnicire, respectiv a dobânzii obţinute prin săvârşirea infracţiunii de camătă
The possibility of special confiscation of money given with interest, as a business, respectively of the interest obtained by committing the crime of usury

Opinion on the question of law raised in the file no. 2770/1/2023 of the High Court of Cassation and Justice – Panel for Preliminary Ruling in criminal matters

Summary/Abstract: The paper analyses the applicable legal provisions regarding the special confiscation in the case of committing the offense of usury, provided by art. 351 of the Romanian Criminal Code. Specifically, through a question addressed to the High Court of Cassation and Justice in the procedure provided by art. 475 et seq. of the Romanian Criminal Code (preliminary ruling in criminal matters), the highest jurisdiction in Romania was asked to rule on the possibility of special confiscation of money given with interest, as a business, under art. 112 para. (1) lit. b) of the Criminal Code, respectively of the interest obtained by committing the offense of usury, provided by art. 351 of the Criminal Code, based on art. 112 para. (1) lit. e) of the Criminal Code. In essence, we will argue that the object of special confiscation can consist only in the amount of money representing the interest obtained by committing the offense of usury, and not in the amount of money given with interest, as a business.

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