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Presumption of lawful acquirement of property and confiscation of unlawfully acquired property in the case-law of the Romanian Constitutional Court. The reference constitutional framework for regulating of the extended confiscation

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  • Marieta Safta

    ()
    (Law Department of the Bucharest Academy of Economic Studies, first assistant magistrate to the Constitutional Court of Romania)

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    Abstract

    This study examines - from a dual perspective - historical and teleological, the constitutional provisions that enshrine the presumption of lawful acquirement of assets, including the development and interpretation thereof in the case-law of the Constitutional Court, in order to create a framework for analysis of Law no. 63/2012 amending and supplementing the Criminal Code and Law no. 286/2009 on the Criminal Code, a law that establishes the measure of extended confiscation, expression of international regulatory concerns in this area.

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    File URL: http://www.tribunajuridica.eu/arhiva/An2v1/nr1/art4_en.pdf
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    Bibliographic Info

    Article provided by Bucharest Academy of Economic Studies, Law Department in its journal Juridical Tribune (Tribuna Juridica).

    Volume (Year): 2 (2012)
    Issue (Month): 1 (June)
    Pages: 128-147

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    Handle: RePEc:asr:journl:v:2:y:2012:i:1:p:128-147

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    Related research

    Keywords: right to property; presumption of lawful acquirement of property; legal certainty; extended confiscation; revision of the Constitution.;

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