Implementation of Union Directives in the matter of Romanian Criminal Law. Study on extended confiscation
DOI:
https://doi.org/10.55516/ijlso.v3i1.128Cuvinte cheie:
extended confiscation, European Directives, Criminal Code, guarantees of European Convention of Human Rights.Rezumat
Through this paper we propose to analyze a very controversial subject in the matter of criminal law institutions, extended confiscation, a mechanism of substantial law that was not found in the original form of the Criminal Code, but which has raised a legal discussion since its implementation.
In this context, the paper analyzes issues that have been interpreted differently by judicial doctrine and practice, the correctness of the transposition of the directive on extended confiscation in relation to European Union standards, the interference of this sanction with the guarantees of European Convention of Human Rights, the issue of the application of this sanction in relation to the application in time of the criminal law and with regard to certain crimes, but also the interference with other extra-criminal institutions that have a reparative role in the patrimonial plan.
Referințe
Legislation:
Regulation (EU) 2018/1805 of the Parliament and of the Council on the mutual recognition of freezing and confiscation orders, J.O.U.E., Series L 303/1 of 28.11.2018;
Regulation (EU) 679/2016 on the Protection of Personal Data - GDPR, J.O.U.E, series L 119/1 of 04.05.2016;
Directive 2014/42/EU of the European Parliament and of the Council on the freezing and confiscation of instruments and proceeds of crimes committed in the European Union series L 127/39 of 29.04.2014;
Directive 2005/ 212/ JAI of the Council of February 24, 2005 on the confiscation of products, instruments and assets related to the crime, J.O.U.E., series L no. 68 of 15.03.2005;
Framework decision 2003/577/JAI of the Council of 22 July 2003 regarding the execution in the European Union of orders to freeze goods or evidence, J.O.U.E, series L 196/45 of 02.08.2003;
Council Framework Decision 2006/783/JAI of 6 October 2006 on the application of the principle of mutual recognition of confiscation orders, J.O.U.E, series L 303/61 of 24.11.2006;
Framework decision 2005/212/JAI of the Council of February 24, 2005 regarding the confiscation of products, instruments and assets related to the crime, J.O.U.E series L 68/49 on 15.03.2006;
Law 286/2009 on the Criminal Code of Romania, published in the Official Gazette of Romania no. 510 of 24.07.2009, with subsequent amendments;
The law. 63 of April 17, 2012 for the amendment and completion of the Criminal Code of Romania and Law no. 286/2009 regarding the Criminal Code Published in the Official Gazette no. 258 of 19.04.2012.
Monographs, articles, studies:
B.Bodea/R.Bodea, Criminal law special part, ed. Hamangiu, Bucharest, 2018;
M. Pătrăuș, Institutional Law of the European Union, 2nd edition, ed. Pro Universitaria, 2021, Bucharest;
G. Fabian, European Institutional Law, 3rd edition, ed. Hamangiu, Cluj-Napoca, 2023;
Laura Maria Stănilă, Criminal Law General Part II, page 230 Ed. UJ, Bucharest, 2021;
L.V. Lefterache, Criminal law. General part – Course for second year students, ed. Hamangiu, Bucharest, 2021;
*M.Udroiu, Synthesis of criminal law general part Vol II, , ed. CH Beck, Bucharest, 2023;
**M.Udroiu, Syntheses of criminal law special part Vol II, , ed. CH Beck, Bucharest, 2023;
S.Bogdan/D.A.Şerban, Criminal Law Special Part Criminal Law. The special part. Offenses against patrimony, against authorities, of corruption, of service, of forgery and against public order and tranquility Second edition, revised and added, ed. UJ, 2023;
Silviu Daniel Socol, Criminal Law Notebook 2/2012, ed. UJ, 2012;
I.N. Militaru, THE LEGAL FORCE OF THE PRINCIPLES APPLIED BY COURT OF JUSTICE OF THE EUROPEAN UNION, 2022 Int'l J. Legal & Soc. Ord. NO. 1 (2022), International Journal of Legal and Social Order; DOI: https://doi.org/10.55516/ijlso.v1i1;
Elise-Nicoleta Vâlcu, BRIEF CONSIDERATIONS REGARDING THE SUPREMACY OF THE UNION REGULATION IN RELATION TO NATIONAL ACTS, 2022 Int'l J. Legal & Soc. Ord. NO. 1 (2022), International Journal of Legal and Social Order; DOI: https://doi.org/10.55516/ijlso.v1i1;
Guide of the European Convention on Human Rights regarding the application of art.1 of Protocol no.1: https://www.echr.coe.int/documents/d/echr/ Guide_Art_1_Protocol_1_RON, link accessed on 02.08.2023.
Jurisprudence:
ECtHR, Riella/Italy, judgment of 22.02.1994 https://www.echr.coe.int/documents/d /echr/Guide_Art_1_Protocol_1_RON;
ECtHR Raimondo and others/Italy judgment of 04.09.2001 https://hudoc.echr.coe.int/eng?i=001-57870
ECHR Sun/Russia judgment of 14.09.2009 SUN v. RUSSIA (coe.int)
ECtHR Air Canada/United Kingdom judgment of 26.04.1995
https://hudoc.echr. coe.int/ eng?i=001-57939
ECtHR Gogitidze/Georgia judgment of 29.04.2014 https://hudoc.echr.coe.int/ eng?i=001-189884
CJEU related cases C-845/19 and C-863/19 judgment of 21.10.2021
Decision of the Constitutional Court of Romania 356/2014 of 22.09.2014 Official Gazette of Romania no. 691 of 22.09.2014
Decision 2/2019 in order to issue a Preliminary Judgment of the High Court of Cassation and Justice
Decision 129/A/2019, Criminal Section of the High Court of Cassation and Justice of 30.03.2019
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