Prezumţia dobândirii licite a averii şi confiscarea averilor ilicit dobândite în jurisprudenţa Curţii Constituţionale a României
Presumption of lawful acquirement of property and confiscation of unlawfully acquired property in the case-law of the Romanian Constitutional Court
Subject(s): Law, Constitution, Jurisprudence
Published by: Societatea de Stiinte Juridice si Administrative
Keywords: right to property; presumption of lawful acquirement of property; legal certainty; extended confiscation; revision of the Constitution.
Summary/Abstract: This study examines - from a dual perspective - historical and teleological, the constitutional provisions that enshrine the presumption of lawful acquirement of assets, including the development and interpretation thereof in the case-law of the Constitutional Court, in order to create a framework for analysis of Law no. 63/2012 amending and supplementing the Criminal Code and Law no. 286/2009 on the Criminal Code, a law that establishes the measure of extended confiscation, expression of international regulatory concerns in this area.
- Issue Year: 2/2012
- Issue No: 03
- Page Range: 128-147
- Page Count: 20
- Language: English