Special confiscation legal regime in the light of the new Criminal Code Cover Image
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Regimul juridic al confiscării speciale în lumina noului Cod penal
Special confiscation legal regime in the light of the new Criminal Code

Author(s): Costel Niculeanu
Subject(s): Law, Constitution, Jurisprudence
Published by: Uniunea Juriștilor din România
Keywords: offense provided by the criminal law; safety measure; special confiscation; assets; patrimony.

Summary/Abstract: Along with punishments and educational measures, safety measures are part of the broad criminal sanctions category; however, the latter have a mostly preventive purpose, which is to prevent committing new crimes or other offenses provided by the criminal law. Special confiscation is a safety measure whose legal content is patrimonial, as it concerns certain assets related either to the committed deed or to the offender and which, if further left within the factual and legal circuit, could be used to commit new offenses provided by the criminal law.The mainly preventive aim of the special confiscation safety measure is achieved by the fact that, under the conditions and within the limits prescribed by law, property shall pass free of charge into State ownership so that any person may no longer possess or use them to commit other offenses provided by the criminal law.

  • Issue Year: 2013
  • Issue No: 06
  • Page Range: 143-151
  • Page Count: 9
  • Language: Romanian
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