Law issues arising from the analysis of Law no. 115/1996 for the declaration and control of the wealth of dignitaries, magistrates, personnel and public servants with management and control positions Cover Image

Probleme de drept desprinse din analiza Legii nr. 115/1996 pentru declararea și controlul averii demnitarilor, magistraților, a unor persoane cu funcții de conducere și de control și a funcționarilor publici
Law issues arising from the analysis of Law no. 115/1996 for the declaration and control of the wealth of dignitaries, magistrates, personnel and public servants with management and control positions

Author(s): Sorin Chiriazi
Subject(s): Law, Constitution, Jurisprudence, Civil Law
Published by: Universul Juridic
Keywords: wealth control; National Integrity Agency; wealth research commission; presumptions of legitimate acquisition;

Summary/Abstract: In Romanian law, the confiscation of the wealth may be subject to a criminal or civil trial. The confiscation of the wealth acquired by committing crimes can only be done within the criminal procedural framework. The confiscation of the unjustifiably acquired wealth (including the one that has been the subject of a criminal procedure finalized with a solution of non-remittance to the court or with an aquittal) can take place in a civil trial based on a special law, the Law no. 115/1996 for the declaration and control of the property of the dignitaries, magistrates, personnel and public servants with management and control positions. Following the examination of the cases in 2018, having as subject matter the procedure of control of the wealth, the author presented some aspects of relevant case law.

  • Issue Year: 2019
  • Issue No: 2-3
  • Page Range: 230-271
  • Page Count: 42
  • Language: Romanian