Autor: Nicolae-Alexandru Moiceanu, Mihai-Costin Toader

Publicat în: Revista Pro Lege nr. 1/2017

Disponibil online: aici.

Cuvinte-cheie: confiscarea extinsă; investigație financiară; măsură de siguranță; legea română de procedură penală

Abstract: In this study, the authors debate the practical way of implementation of the extended confiscation, measure of safety representing the exclusive attribute of the court instance, starting from the judicial nature of this sanction of criminal law which is not sliced into doctrinaire or jurisprudence law. At the same time, they tried to find an acceptable definition of the procedural instrument (the financial investigation) based on which it may be found the incidence of the extended confiscation. Both have proposed to enunciate with exemplifying character certain concrete means of investigation some of the concrete investigation means of existence for some incomes which cannot be justified and which represent simultaneously the substance of the safety measure for the extended confiscation. Finally, the authors have formulated open conclusions which allow the practice perfecting of the bicephalous report of financial extended-confiscation investigation for the purpose of optimization of the criminal procedural procedure and the fundamental freedoms and The Chart of Fundamental Rights of the European Union.

Keywords: the extended confiscation; financial investigation; measure of safety; Romanian criminal procedural law.