The special seizure

• Author: Gheorghe Diaconu
• Position: Law Department, Faculty of Juridical and Administrative Sciences,University of Pitesti - Romania
• Pages: 46-55

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

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

No. 3 (2013), pp. 46-55

46

THE SPECIAL SEIZURE

Gh. Diaconu

Gheorghe Diaconu

Law Department, Faculty of Juridical and Administrative Sciences,

University of Piteti, Piteti, Romania

*Correspondence: Gheorghe Diaconu, Court of Appeal Piteti, 22 Victoriei St., Piteti,

Romania

E-mail: gheorghe.diaconu@just.ro

Abstract

The special seizure is a safety measure privative of goods and it consists in the fact

that the goods or the values that belong to the person that commited a criminal deed, they are

unnaturally passed in the state’s patrimony. The possession of these goods or values, because

of their nature or because they are related to the committed deed, it presents the danger of

perpetration other deeds provided by the penal law.

Keywords: seizure, state of danger, goods submitted to the seizure.

Introduction

The special seizure is a penal sanction which belongs to the category of safety

measures that are meant to eliminate a state of danger and to prevent the perpetration of the

deeds provided by the penal law.

As it’s a measure privative of goods, it consists in the fact that the goods or the

values that belong to the person that commited a criminal deed, they are unnaturally passed

in the state’s patrimony. The possession of these goods or values, because of their nature or

because they are related to the committed deed, it presents the danger of perpetration other

deeds provided by the penal law; at the same time, if the goods were let in the doer’s

possession, then they would represent a danger for the rule of law.

1. Notion

The safety measure of special seizure is a measure privative of goods and it consists

in the fact that the goods or the values that belong to the person that commited a criminal

deed, they are unnaturally passed in the state’s patrimony. The possession of these goods or

values, because of their nature or because they are related to the committed deed, it presents

the danger of perpetration other deeds provided by the penal law.

The relevant provisions are found in article 118 of the Penal Code.

The safety measure of special seizure distinguishes from all the other safety

measures by the specific of its material incidence. Thus, while all the other safety measures

regard the persons, respectively the person who committed a deed established by the penal

law, on the contrary, the special seizure concerns certain goods and taking this measure is

conditioned by the state of danger that these goods may represent (objective dangerousness).

In the juridical doctrine it has been stated the opinion according to which the state of

danger has to be considered not only in relation to the goods submitted to special seizure, but

also in relation to the doer’s person, in the sense that it prevents not only the perpetration of

new criminal deeds by their owner but also any person’s guilty conduct that is willing to

break the penal law

1

.

1

C. Drîng, Privire gen eral asupra msurilor de siguran, “Revista Român de Drept (R.R.D.)” Review

number 1/1967, p. 48.