Considerations regarding the compliance of Romanian legislation with the directive (EU) NO. 42/2014 Regarding the freezing and confiscation of the instruments and products of crimes committed in the European Union

• Author: Andreea Simona Uzlau - Marilena Carmen Uzlau
• Position: Faculty of legal and administrative sciences, 'Dimitrie Cantemir' Christian University of Bucharest - Faculty of Economics, 'Hyperion' University of Bucharest
• Pages: 194-203

AGORA International Journal of Juridical Sciences, www .juridicaljournal.univagora.ro

ISSN 1843-570X, E-ISSN 2067-7677

No. 4 (2014), pp. 204-213

194

CONSIDERATIONS REGARDING THE COMPLIANCE OF ROMANIAN

LEGISLATION WITH THE DIRECTIVE (EU) NO. 42/2014 REGARDING THE

FREEZING AND CONFISCATION OF THE INSTRUMENTS AND PRODUCTS OF

CRIMES COMMITTED IN THE EUROPEAN UNION

A. S. Uzlu, C. M. Uzlu

Andreea Simona Uzlu

Faculty of legal and administrative sciences,

“Dimitrie Cantemir” Christian University of Bucharest

*Correspondence: Universitatea Cretin Dimitrie Cantemir, Splaiul Unirii, nr. 146, sector 4,

Bucureti, România

E-mail: stoicaandreea76@yahoo.com

Marilena Carmen Uzlu

Faculty of Economics

“Hyperion” University of Bucharest

*Correspondence: Universitatea Hyperion, Calea Clrailor, nr. 169, sector 3, Bucureti,

România

E-mail: carmen_uzlau@yahoo.com

Abstract

The work analyzes the compliance of domestic legislation with the Directive (EU) nr.

42 of April 3, 2014 for the freezing and confiscation of the instruments and products of crimes

committed in the European Union, in anticipation of the need to adapt it until the deadline

laid down by it, namely October 4, 2016.

Keywords: special confiscation, extended confiscation, the new Criminal Code,

the new Code of Criminal Procedure

Introduction

The study analyzes the compliance of domestic legislation with the Directive (EU) nr.

42 of April 3, 2014 for the freezing and confiscation of the instruments and products of crimes

committed in the European Union, in anticipation of the need to adapt it until the deadline laid

down by it, namely October 4, 2016.

The analysis is carried out both from the perspective of criminal law and criminal

procedure law, and that is structured around the main themes arising from the presentation of

this subject, namely the presentation of the Directive, special confiscation, extended

confiscation, confiscation of the equivalent expanded into money, confiscation from third

persons, specific guarantees in matters of precautionary measures. The study aims to analyze

the institution, in order to facilitate the understanding and deepening of the provisions of the

Directive to be transposed into our internal legislation.

Presentation of the Directive

The purpose of the Directive (EU) no. 42 of April 3, 2014 for the freezing and

confiscation of the instruments and products of crimes committed in the European Union

1

was

strengthening the harmonization of freezing and confiscation of the Member States and to

facilitate, in this way, the confidence-building and cross-border cooperation. The time limit

1

Published in the Official Journal of the European Union no. L 127 of 29 April 2014, in force since May 1 9,

2014.