Tudorel TOADER, PhD
Full Professor of Criminal Law
Dean of the Law Faculty, University „Alexandru I. Cuza”, Iași
Judge of the Constitutional Court of Romania
Marieta SAFTA, PhD
University „Titu Maiorescu”, Law Faculty, Bucharest
First Assistant Magistrate, Constitutional Court of Romania
The extended confiscation has been recently enshrined in the Romanian criminal law.
In the decisions delivered in this matter the Constitutional Court held that the norms of Criminal Code on extended confiscation are constitutional insofar they are not applied to acts committed and to assets acquired before the entry into force of Law no. 63/2012 amending and supplementing the Romanian Criminal Code and Law no. 286/2009 on the Criminal Code.
This study offers an analysis from a constitutional point of view of safeguard on extended confiscation, especially from constitutional rules point of view which regulate the principle of non-retroactivity of the law, except for the criminal law or the more favorable noncriminal law, the right to property, respectively the presumption of lawful acquirement of property and the standard of proof required in order to reverse this legal presumption, analysis founded also on the case law in this matter.