Novelties in security measures - the extended seizure

• Author: Nicoleta Elena Buzatu - Andreea Uzlau
• Position: Faculty of Juridical and Administrative Sciences Bucharest - Romania
• Pages: 19-25

AGORA International Journal of Juridical Sciences, www.juridicalj ournal.univagora.ro

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

No. 3 (2013), pp. 19-25

19

NOVELTIES IN SECURITY MEASURES –

THE EXTENDED SEIZURE

N. E. Buzatu, A. Uzlu

Nicoleta-Elena Buzatu

Faculty of Juridical and Administrative Sciences

“Dimitrie Cantemir” Christian University, Bucharest, Romania

*Correspondence: Nicoleta-Elena Buzatu, “Dimitrie Cantemir” Christian University, 176

Splaiul Unirii, 4 District, Bucharest, Romania

E-mail: nicoleta_buzatu@yahoo.com

Andreea Uzlu

Faculty of Juridical and Administrative Sciences

“Dimitrie Cantemir” Christian University, Bucharest, Romania

*Correspondence: Andreea Uzlu, “Dimitrie Cantemir” Christian University, 176

Splaiul Unirii, 4 District, Bucharest, Romania

E-mail: stoicaandreea76@yahoo.com

Abstract

This work analyses the recent regulation, which amends the current and the future

Criminal Code, in the sense of establishing, as a new security measure, the extended seizure.

Analyzing the provisions of the regulation, the authors indicates, the necessity to amend the

Criminal Procedure Code is underlined, with the purpose of ensuring the regulation

operability within the criminal proceedings.

Keywords: extended seizure, licit property acquisition presumption,

Security Measures, New Criminal Code

1. Introduction

Extended seizure is forced and free passage in State ownership of certain things, which

belong to the person who has committed a crime, because of their origin from the criminal

activities of the same nature, carried out by that person, constantly, over a certain period of

time, prior to the offence for which the person is sentenced.

Extended seizure is a criminal sanction, which is personal and irrevocably.

A recent regulation adopted by the Romanian Parliament

1

, amends the Criminal Code

2

in force, by introducing a new article art. 118

1

, with marginal noun as “extended seizure”, and

the new Criminal Code, adopted by law No. 286/2009

3

, which will enter into force on the date

set by law enforcement, by introducing a new article - 118

2

with the same marginal name. The

provisions that will change the new Criminal Code will take effect with it.

1

Law No. 63/2012, published in the Official Gazette of Romania, par t I, no. 258 of 19 April 2012.

2

Law No . 15 of 21 June 1968 – The Criminal Code of Romania, published in the Official Gazette of Romania

nr. 79-79 Bis of 21 June 1968, republished in the Official Gazette of Romania No. 55-56 of 23 April 197 3 and

then in the Official Gazette of Romania, part I, No. 65 of 16 April 19 97.

3

Law No. 286 of 17 July 2009 – The Cri minal Code of Romania, published in the Official Gazette of Romania,

part I, No. 510 of 24 July 2009.