Confiscarea extinsã în reglementarea noului Cod penal
Extended Confiscation in the New Criminal Code

Summary/Abstract: The regulation of the extended confiscation in the Romanian legal landscape appears questionable while the legislator is being hit by the inconstant jurisprudence of the Constitutional Court. The JAI Decision clarifies the situation and requires states to regulate certain measures against crime. Assuming almost all provisions of this decision, article 1121 of the New Penal Code will be a controversial provision regarding to the legal nature of the institution, the burden of proof or the probation status. In this context, the principles of the European Human Rights Convention appear like an important element. This study wishes to express certain opinions based on the jurisprudence and the legislative experience of other states.

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