The rule of ‘extended confiscation’ imposes in Romania

Romania legislation allows the property confiscation even when the income is not directly related to the crime for which the person was convicted, that is a direct connection between the crime and confiscated goods is proved.

The Romania Law number 63/2012 on Amendments to the Criminal Code and the so-called law of ‘extended confiscation’ comes into force on Sunday, April 22.

The participation of individual in the crime, especially severe by nature one, which is burdened by the absence of legal income that justify the property is a sufficient basis for declaring the income illegality by the court and the decision on the confiscation. However, the defendant gets the right to prove the property purchase on the lawful bases.

The strict provisions of the law also apply to the property, transferred to a third person or family members and individuals with whom the convict established marriage relationships or parents and children, if they live together. The confiscation is also applied to the property of the legal person which are influenced or controlled by the convict.

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