Case law of the Cluj Court of Appeal and the Iaşi Court of Appeal, in the period 1 February 2014 – 1 April 2025, in the field of extended confiscation Cover Image
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Jurisprudenţa Curţii de Apel Cluj şi a Curţii de Apel Iaşi, în perioada 1 februarie 2014 – 1 aprilie 2025, în materia confiscării extinse
Case law of the Cluj Court of Appeal and the Iaşi Court of Appeal, in the period 1 February 2014 – 1 April 2025, in the field of extended confiscation

Author(s): Ana ROGHINĂ-NEAGOE
Subject(s): Law, Constitution, Jurisprudence, Civil Law
Published by: Universul Juridic
Keywords: confiscation; extended confiscation; case law; Cluj Court of Appeal; Iaşi Court of Appeal; art. 1121 of the Romanian Criminal Code;

Summary/Abstract: This article analyses the case law of the Cluj Court of Appeal and the Iaşi Court of Appeal over the period 1 February 2014 – 1 April 2025, with the aim of identifying case law trends and defining characteristics of judicial practice in the field of extended confiscation. The first part of the article presents the context and the methodology used in the analysis, with a focus on the specific analytical criteria. The methodology adopted is mixed, combining comparative analysis with an empirical case study based on a sample of 35 final court decisions delivered within the two regional territorial jurisdictions. The second part of the article examines the case law identified at the level of the Cluj Tribunal, the Iasi District Court, the Vaslui Tribunal and the Iaşi Tribunal, by applying the specific criteria defined in the first section to each court decision included in the sample. The third part of the article offers a critical interpretation of the 13 specific criteria and highlights the defining features resulting from a contextualized analysis of the manner in which courts apply the legal provisions governing extended confiscation. Finally, the analyzed judicial practice reveals a predominantly traditional national judicial system, characterized by caution and a limited capacity to adapt to legislative changes.

  • Issue Year: 2026
  • Issue No: 1
  • Page Range: 75-114
  • Page Count: 40
  • Language: Romanian
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