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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

Author

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  • Marieta Safta

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

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.

Suggested Citation

  • Marieta Safta, 2012. "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 regulati," Juridical Tribune - Review of Comparative and International Law, Bucharest Academy of Economic Studies, vol. 2(1), pages 128-147, June.
    • Handle: RePEc:asr:journl:v:2:y:2012:i:1:p:128-147
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    File URL: http://www.tribunajuridica.eu/arhiva/An2v1/nr1/art4_en.pdf
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    More about this item

    Keywords

    right to property; presumption of lawful acquirement of property; legal certainty; extended confiscation; revision of the Constitution.;
    All these keywords.

    JEL classification:

    • K10 - Law and Economics - - Basic Areas of Law - - - General (Constitutional Law)
    • K11 - Law and Economics - - Basic Areas of Law - - - Property Law
    • K14 - Law and Economics - - Basic Areas of Law - - - Criminal Law

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