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2015 J. E.-Eur. Crim. L. 9 (2015)
The Constitutionality of Safeguards on Extended Confiscation

handle is hein.journals/jeeucl2 and id is 9 raw text is: The Constitutionality of Safeguards on Extended Confiscation Prof dr. Tudorel TOADER- Dean of the Faculty ofLaw University,,Al. I. Cuza Iasi, Judge of the Constitutional Court ofRomania Dr. Marieta SAFTA Faculty of Law University,, Titu Maiorescu Bucharest, FirstAssistant Magistrate Constitutional Court ofRomania Abstract 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 favourable non-criminal 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. Keywords: extended confiscation, constitutional review, the principle of non-retroactivity of the law, except for the criminal law or the more favourable non-criminal law, the presumption of lawful acquirement of property, the right to property. The extended confiscation has been recently enshrined in the Romanian criminal law'. The different opinion expressed both on the regulation2 and the implementation aspects, the rules governing the extended confiscation have been several times referred E-mail: ttoader@uaic.ro. E-mail: marietasafta@yahoo.com. By Law no. 63/2012 amending and supplementing the Romanian Criminal Code and Law no. 286/2009 on Criminal Code, published in the Official Gazette of Romania, Part I, no. 258 of 19 April 2012. 2 Some authors even claim the uselessness of the regulation (see M.A. Hotca - Unconstitutionality and uselessness of provisions regulating on extended confiscation -www.juridice.ro), while other authors claim its usefulness starting from the peculiarities of the scope, aimed by the Framework Decision 2005/212/JHA of 24 February 2005 on Confiscation of Crime-Related Proceeds, Instrumentalities and

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