Results 1 to 10 of about 510 (132)

EXTENDED CONFISCATION IN THE BRAZILIAN CRIMINAL PROCEDURE: AN ANALYSIS OF ITS EVIDENTIARY RULES

open access: yesRevista Eletrônica de Direito Processual, 2021
The paper aims to analyze the evidentiary legal structure of the extended confiscation in the Brazilian criminal procedure, focusing on the claim that extended confiscation reverses the burden of proof by removing it from the prosecution and transferring
Vítor Souza Cunha
doaj   +2 more sources

In rem contra culpam?: Extended asset confiscation in international and Bosnian-Herzegovinian criminal law [PDF]

open access: yesCrimen (Beograd), 2020
It comes as no surprise that vast economic benefit is obtained through crime and that all necessary measures need to be taken in order to appropriate those ill-gotten gains.
Datzer Darko, Mujanović Eldan
doaj   +2 more sources

EXTENDED CONFISCATION IN THE NEW CRIMINAL CODE [PDF]

open access: yesChallenges of the Knowledge Society, 2013
Through Law no. 63/ 2012 for the change and completion of the Criminal code of Romania and of Law no. 286/2009 regarding the Criminal code, in the Romanian criminal law, it has been introduced a new safety measure, that is the extended confiscation ...
MIHAI ADRIAN HOTCA
doaj   +1 more source

EXTENDED CONFISCATION – SAFETY MEASURE REGULATED IN THE NEW CRIMINAL CODE [PDF]

open access: yesChallenges of the Knowledge Society, 2015
Extended confiscation is a safety measure introduced in Romanian criminal law in 2012. Romania's Constitutional Court has ruled several decisions in which a question has been raised of whether the legal provisions on extended confiscation are ...
Mihai Adrian HOTCA
doaj   +1 more source

Elements of Comparative Law on Extended Confiscation

open access: yesEIRP Proceedings, 2014
Comparing the special seizure and extended confiscation measures, we consider that Romania, although later than the deadline indicated in the text of article 6, paragraph 3 of Decision 2005/212/JAI, has responded positively to the requirements of ...
Alexandru Boroi
doaj   +1 more source

Financial Investigations Concerning the Ordering of Precautionary Measures, of Special and Extended Confiscation During Criminal Proceedings [PDF]

open access: yesOvidius University Annals: Economic Sciences Series, 2020
The financial investigation is an important process in carrying out the prosecution, particularly concerning economic and financial cases, which involves the collection, obtaining and analysing of data and information necessary for the tracking and ...
Tiberiu-Adrian Toader
doaj   +1 more source

Repeated proceedings against suspected illicit wealth – justifiable protection of public interest or violation of human rights?

open access: yesKriminologijos studijos, 2021
The internationally acknowledged need for effective legal measures against illicit enrichment that is perceived as the key policy tool against organised crime and corruption triggered rapid developments in the variety of those legal measures.
Skirmantas Bikelis
doaj   +1 more source

Whether the right of pursuit is constitutional property interest protectible against the state [PDF]

open access: yesAnali Pravnog Fakulteta u Beogradu, 2018
The author, in this paper, is looking for Ariadne's thread, which would help us to find the way through the legal labyrinth composed of justified reaction of the state in the war against organized crime, from one side and what is considered an ...
Tešić Nenad
doaj   +3 more sources

Crime Proceeds Value Threshold in Extended Confiscation in the Light of the Principles of Legality and Proportionality and Rational Penal Policy

open access: yesKriminologijos studijos, 2022
The article discusses the clause provided in the Lithuanian Criminal Code, which limits the court’s extended powers of confiscation in regard of crime proceeds of value less than EUR 12,500.
Skirmantas Bikelis
doaj   +1 more source

The reversion of the burden of proof underlying the extended confiscation: between the Penal Code and the Drugs Act

open access: yesRevista Brasileira de Direito Processual Penal, 2020
The present article aims to analyze the extended confiscation, recently incorporated to the Penal Code (article 91-A) and to the Drugs Act (article 63-F), and focuses on a specific procedural issue, regarding the burden of proof underlying the extended ...
Luiz Eduardo Dias Cardoso
doaj   +1 more source

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