The law of special and extended confiscation

A new law to amend and supplement some normative acts in the criminal field, in order to transpose some European Union directives has been adopted.

According to the law, the assets coming from criminal activities for patrimonial purposes are subject to confiscation, and the court relies on the conviction of the existence of the disproportion between the lawful income and the person’s property. Extended confiscation is ordered on the assets acquired by the convicted person during a period of five years before and after the crime, respectively extended confiscation may also be ordered on the goods transferred to third parties, if they knew or should have known that the purpose of the transfer was to avoid the confiscation.

In the case of special and extended confiscations, the national authority competent to centralize the data received from the competent authorities, respectively to compile statistics that are transmitted annually through the Ministry of Justice to the European Commission, is the National Authority for the Administration of Unavailable Goods.