Sechestrul asigurător asupra bunurilor unor terţe
persoane şi afectarea acestora, prin decizie definitivă, în garantarea măsurii confiscării speciale de la inculpat
Legal sequestration of the property belonging to third parties and their damage, through final decision, in ensuring measure of special seizure from defendant
Subject(s): Criminal Law
Published by: Editura Hamangiu S.R.L.
Keywords: criminal legal sequestration; special seizure; produce of crime; guarantee of special seizure; forced execution; freezing measures; seizure order;
Summary/Abstract: The measure of legal sequestration of property of third parties, imposed during judicial investigations is temporary, pending a final decision. Courts are required to finalize through decision precautionary measures ordered either by pronouncing an order of confiscation of the property seized/stopped or, where appropriate, through the lifting of the unavailability measures. But in recent practice, we find solutions whereby property of third parties, subject to legal sequestration during criminal proceedings and considered by the judge to originate from the offence under investigation, without being subjected to the confiscation, are kept under sequestration also after the sentence was pronounced. Special seizure is operated in this case, through equivalent to the defendant only, while the goods are intended to ensure that confiscation. This study aims to examine the legality of such decisions and the legal means through which goods seized from third parties could be capitalized to ensure the effectiveness of guarantee measures ordered by final criminal judgement.
- Issue Year: IV/2016
- Issue No: IV
- Page Range: 333-338
- Page Count: 6
- Language: Romanian