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
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 f...
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| Format: | Article |
| Language: | English |
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Bucharest University of Economic Studies
2012-06-01
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| Series: | Juridical Tribune |
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| Online Access: | http://www.tribunajuridica.eu/arhiva/An2v1/nr1/art4_en.pdf |
| Summary: | 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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| ISSN: | 2247-7195 2248-0382 |