SOME CONSIDERATIONS OF THE NEED TO TRANSPOSE THE DIRECTIVE 2014/42/EU ON THE FREEZING AND CONFISCATION OF INSTRUMENTALITIES AND PROCEEDS OF CRIME IN THE EUROPEAN UNION IN THE PROVISIONS OF ARTICLE 1121 OF THE CRIMINAL CODE
SOME CONSIDERATIONS OF THE NEED TO TRANSPOSE THE DIRECTIVE 2014/42/EU ON THE FREEZING AND CONFISCATION OF INSTRUMENTALITIES AND PROCEEDS OF CRIME IN THE EUROPEAN UNION IN THE PROVISIONS OF ARTICLE 1121 OF THE CRIMINAL CODE

Summary/Abstract: Sanctions have an important place in criminal law, being brought under regulation in the framework of one of the three fundamental institutions of criminal law together with criminal offence and criminal liability, the doctrine in the matter considering that sanctions are obviously the effect of criminal liability. The Directive 2014/42/EU was adopted in order to facilitate international cooperation with regard to investigation assistance, search, seizure and confiscation of proceeds of crime, especially in the case of more serious criminal offences. On the other hand, if we analyse the provisions governing the institution of confiscation, as well as the practical methods of investigation, search, seizure and confiscation stipulated in the Criminal Code and the Code of Criminal Proceedings in the legislation of each state, we can see that the legislation of the Member States is significantly different, and this is the reason for the recommendation to the EU Member States to harmonise their legislation with the provisions of the Directive in this matter.

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