Autor: Flaviu CIOPEC

Publicat în: Revista de Științe Juridice nr. 1/2015

Disponibil online: aici.

The judge’s margin of appreciation in ruling upon extended confiscation in a criminal trial

Abstract: The institution of extended confiscation has inevitably entailed the change of some classical concepts of criminal law, being the expression of a particular way of achieving penal repression, in the context of the fight against organized crime and corruption. The extended confiscation mechanism implies resorting to vague notions, such as “the judge’s conviction” or “obvious disproportion” and using a lower evidentiary standard (indirect or circumstantial evidence) for proving the crime activities which led to the [vezi tot]