Research Articles Issue 1 · 2022 · pp. 59–67 · Issue page

PREJUDICE IN CRIMINAL CASES. CONCEPTS AND NOTIONS

CL
VA
1 Senior police officer – General Inspectorate of Romanian Police
2 Police officer – „Al. I. Cuza” Police Academy – Department Director
Received 25 December 2021
Revised 22 February 2022
Accepted 27 February 2022
Available Online 15 March 2022
THE RECOVERY OF CRIMINAL PROCEEDS AND ASSETS RESULTING FROM CRIMES / OFFENCES IS TARGETED AS AN INVESTIGATIVE PRIORITY A T INTERNATIONAL, EUROPEAN AND NATIONAL LEVEL. IN ORDER TO BE ABLE TO PREVENT AND COMBAT CRIME EFFECTIVELY, LAW ENFORCEMENT AGENCIES MUST POSSESS EFFECTIVE MEANS OF IDENTIFYING, SEIZING AND MANAGING THE CRIMINAL PROCEEDINGS. IN THIS RESPECT, T HE PRESENT MAT ERIAL AIMS TO CONTRIBUTE TO THE SUBSTANTIATION OF A GUIDING TOOL, FLEXIBLE AND EFFECTIVE FOR THE ACTIVITY OF PRACTITIONERS AND SPECIALISTS INVOLVED IN THE EXTENSIVE PROCESS OF RECOVERY AND RECOVERY OF ASSETS FROM CRIME AND ALSO FOR THE BENEFIT OF OTHER SOCIO-PROFESSIONAL CATEGORIES INTERESTED IN THE ISSUE.
PREJUDICE DAMAGE CRIMINAL PROCEEDINGS ASSETS RECOVERY LAW
The body of this article is intentionally hidden on the public page. Please use the PDF reader or the PDF download for the complete text.
[1]
Law no. 286 of July 17, 2009 on the Criminal Code of Romania
[2]
Law no. 135 of July 1, 2010 on the Code of Criminal Procedure of Romania
[3]
Law no. 118 of December 15, 1992 for Romania's accession to the 1971 Convention on Psychotropic Substances and to the Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances of 1985, published in the Official Gazette, Part I, No. 341 of December 30, 1992
[4]
Law no. 263 of 15 May 2 002 on the ratification of the European Convention on Laundering, Search, Seizure and Confiscation of the Proceeds from Crime , concluded in Strasbourg on 8 November 1990, published in the Official Gazette, Part I, no. 353 of May 18, 2002
[5]
Law no. 565 of 16 October 2002 on the ratification of the United Nations Convention against Transnational Organized Crime, the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, in addition to the United Nations Convention aga inst Transnational Crime as well as the Protocol against Illegal Trafficking in Migrants by Land, Air and Sea, in addition to the United Nations Convention against Transnational Organized Crime , adopted in New York on 15 November 2000, published in the Official Gazette, Part I. no. 813 of November 8, 2002
[6]
Law no. 365 of September 15, 2004 for the ratification of the United Nations Convention against Corruption, adopted in New York on October 31, 2003, published in the Offici al Gazette, Part I, no. 903 of October 5, 2004
[7]
Law No. 420 of 22 November 2006 on the ratification of the Council of Europe Convention on the Laundering, Detection, Seizure and Confiscation of the Proceeds from Crime and the Financing of Terrorism, adopted in Warsaw on 16 May 2005, publ ished in the Official Gazette, Part I, no. 968 of December 4, 200
[8]
Regulation (EU) 2018/1805 of the European Parliament and of the Council of 14 November 2018 on the mutual recognition of orders seizure / confiscation
[9]
Directive 2014/42 / EU of the European Parliament and of the Council of 3 April 2014 on the freezing and confiscation of instruments and proceeds of crimes committed in the European Union
[10]
Decision 2008/801/CE regarding The United Nations Convention against Corruption
[11]
Decision of the Constitutional Court no. 356 of June 25, 2014 , published in the Official Gazette, Part I, no. 691 of September 22, 2014, par. 22
[12]
Decision of the Constitutional Court no. 3 of January 15 , 2014, published in the Official Gazette Part I, no. 71 of January 29, 2014, point IV par. 4.3.2.
[13]
Flavius Cristian Mărcău (2019), „ Hindering the process of democratization in Romania as a consequence of the social protests in the early 90s ”, in Research and Science Today No. 1(17)/2 019, pp. 69-76
[14]
Law no. 302 of 28 June 2004 on international judicial cooperation in criminal matters
[15]
Theoretical explanations of the Romanian Criminal Code , General part, Vintilă Dongoroz and collective, Ed. Academiei Românei, 1970, vol. II, page 322-324
[16]
Law no. 134/2010 on the Romanian Code of Civil Procedure
[17]
Ina Raluca Tome scu, Flavius Cristian Mărcău „European Policies and strate gies for combating cross-border criminality. implications for the internal legal system”, in International Conference "New Criminal Legislation - important phase in the development of Romanian law", Bologna (Italy), Medimond, pp. 291-296
[18]
Criminal Procedure Treaty , Nicolae Volonciu, General Part, Paideia Publishing House, Bucharest, p.
[19]
Criminal Procedure, General Part , Gheorghită Mateuț, Universul Juridic Publishing House, Bucharest, 2019, p. 898
[20]
Flavius Cristian Mărcău . "Dynamics of Deconsolidating Democracies of Poland, Hungary and Romania" în Astra Salvensis, VII (2019), no. 14, p. 293-305
[21]
Confiscation of instrumentalities and proceeds of corruption crimes in Eastern Europe and Central Asia, OECD (Organization for Economic Co-operation and Development), 2018, p. 66-65
[22]
Guide for Combating Money Laundering for Judges and Prosecutors , Camelia Bogdan, Elena Hach, Bucharest: Four Needles, 2015
[23]
Prejudice calculation guide and working tools , National Ag ency for the Administration of S eized Goods, 2021