Confiscarea specială, și nu confiscarea extinsă. Nestabilire prin acordul de recunoaştere a vinovăţiei
The special confiscation, and not extended confiscation. Non establishment through the agreement of guilt recognition
Author(s): Augustin Lazăr, Cornelia-Adriana Şandru, Ivan GheorgheSubject(s): Law, Constitution, Jurisprudence
Published by: Universul Juridic
Keywords: agreement on guilty recognition; extended confiscation; special confiscation; safety measure;
Summary/Abstract: In the guilty recognition agreement it was stated that from the defendant D.M.D. the sums of 850 lei and 605 euros, money from the drug trafficking activity were lifted, and the court would decide on the large confiscation of these amounts. The first court accepted the agreement to recognize the guilt of the defendant D.M.D., inter alia, in addition to sentencing to 2 years imprisonment for committing the continuing drug-related offense of continuing drug trafficking, the extended confiscation of the aforementioned amounts. However, the amounts involved came from committing the offense referred to precisely in the agreement on the recognition of guilt; therefore, the court had to order the special confiscation under art. 112 par. (1) lett. e) from the new Criminal Code, and not the extended confiscation.
Journal: Revista Pro Lege
- Issue Year: 2018
- Issue No: 3
- Page Range: 169-177
- Page Count: 9
- Language: Romanian
