Extended Confiscation. Theoretical and Practical Aspects

Abstract

Among the most important changes in the criminal legislation made by Law no. 228/2020 for the amendment and completion of some normative acts in the criminal field to transpose some directives of the European Union published on 02.11.2020 in the Official Monitor of Romania are those that provide modification of the institution of confiscation of products, instruments and assets related to the crime, known as extended confiscation. Thus, the unjustified wealth of a person sentenced to a minimum of 4 years in prison can be confiscated, and the prosecutor, if he has suspicions about its illegal nature, will have the obligation to place a protective seizure on it. The changes brought to the criminal legislation had in mind the transposition into the domestic legislation of the provisions of Directive no. 2014/42/EU aimed at freezing and confiscating the instruments and products of crimes committed in the European Union.