Mecanismele de confiscare în dreptul penal: între necesitatea descurajării fenomenului infracțional și protecția dreptului de proprietate
Confiscation mechanisms in criminal law: between the need to deter crime and the protection of property rights

Summary/Abstract: This study examines the mechanisms of confiscation in criminal law from the perspective of the relationship between the fight against crime and the protection of the right to property. Special confiscation, extended confiscation and confiscation applied to third parties are analyzed, in the light of the domestic regulatory framework, Directive (EU) 2024/1260 and constitutional and European jurisprudence. The research is based on the normative, doctrinal and jurisprudential analysis of the institution of confiscation. The results highlight that these mechanisms are necessary tools for the recovery of illicit patrimony and the discouragement of the criminal phenomenon. At the same time, the study reveals that their application can generate risks for the right to property, especially in the case of disproportionate interference. Distinct attention is paid to the low value thresholds, the extension of the measure to third parties and the difficulties of proving the lawful origin of the goods. An analysis of the case-law shows that the legitimacy of confiscation depends on compliance with the principle of proportionality and effective procedural safeguards. It is concluded that the efficiency of confiscation must be permanently reconciled with the requirements of the constitutional protection of property.

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