Autor: Adrian Stan
Publicat în: Revista Universul Juridic nr.2/2019.
Disponibil online: aici.
Abstract: A relatively new institution in Romanian criminal law, adopted only as a result of the
imperative of transposing the numerous international and community legal instruments of the last
decades, the institution of „extended confiscation” or „confiscation without conviction” has hardly
found its place in our legal system, said that it conflicts with some constitutional principles of
tradition from which it is not possible to derogate. So, on the one hand, the Romanian State has to
respect its international commitments and, on the other hand, not to overcome some of the rights that
have been hardly gained by our young democratic constitutionalism.
That is why the extended confiscation, this „bad necessity” of modern criminal law, has already
begun and will generate in the future a series of theoretical discussions and controversies, but it also
strikes a certain rethinking of the practice, specific to all the innovative institutions and for this may
somehow be understood. We will, of course, try within the limits of a not-too-large study, given that
the subject is particularly generous, to point out some aspects of the issue of placing extended
confiscation to the limit between the two criminal sanctions, penalties and safety measures. We will
begin by putting the fight against profit-criminality in the international and European context, then
we will take a look at the discussions of the thirties of the last century about the legal nature of
confiscation, and then identify some elements that put the new type of confiscation near to by the
criminal punishments.
Keywords: „crime do not pay”, confiscation, special confiscation, extended confiscation,
danger, punishment, prevention, safety measure, European law sanction, criminal policy, European
directives
