Implementation of Union Directives in the matter of Romanian Criminal Law. Study on extended confiscation

Abstract

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.