Flaviu CIOPEC, PhD
West University of Timișoara, Law Faculty
Economic crime is profit-driven in the sense that it aims at generating a wealth that did not exist before.
The best method to neutralize such consistent, continuous and apparently available gain seems to be confiscation.
The new sanction which affects the patrimony rather than the person is in accordance with the new penal philosophy: penalties shift from the author (in personam) towards the act or its effects (in rem).
The new penal policy intends to approach such penalties more firmly and efficiently.
In order to achieve said goal, it needs a theoretical basis able to legitimize the new approach as being a useful social instrument.
The new penal doctrine is subject to a critical analysis, capable of revealing the rationale it is based on, as well as the arguments that show that the enthusiasm for this doctrinary construct may be relativized.