Radio România Internațional

Tag: extended confiscation

  • Law on the extended confiscation of illegally acquired assets

    Law on the extended confiscation of illegally acquired assets

    The Romanian Chamber of Deputies, which is the decision-making body in this matter, has endorsed the bill regarding the extended confiscation of illegally acquired assets. The law provides for extended confiscation of property acquired by a convicted person over the period of five years prior to and, if necessary, after the crimes were committed, until the court notification is issued.

    The bill focuses on regulating the modification and completion of normative acts in the criminal field, with a view to transposing some European provisions into the national legislation. Therefore, assets owned by persons who got a final sentence of imprisonment for a period of four years or more, and which have been transferred to third parties, may be confiscated to cover damage to public or private property. Former Justice Minister and non-affiliated MP Ana Birchall says the measure will be applied to a much larger number of crimes, including abuse of office.

    Ana Birchall: By adopting this bill, extended confiscation will also be applied to malfeasance in office. Another important provision concerns the modification of the requirements necessary for the application of extended confiscation. Thus, the restrictions provided in the current regulation are eliminated, so that the court will be able to substantiate its conviction that the goods come from criminal activities based on any circumstances.

    The bill also provides that, in the case of property that may be subject to special confiscation or extended confiscation, the prosecutor must take precautionary measures to avoid concealment, destruction, alienation or evasion of the pursuit of such property. Also, the judicial body that ordered the extension of the criminal investigation or the change of the legal classification is obliged to inform the suspect about the new facts for which the extension was ordered or about the change of the legal classification.

    At the same time, the prosecutor orders the suspension of the criminal investigation only if, taking into account all the circumstances of the case, they consider that the suspect or defendant could not be heard at their current location or by videoconference or that their hearing would infringe upon their rights or affect the proper conduct of the criminal investigation.If the suspension of the trial is not ordered, the hearing of the suspect or defendant at the place where they are or by videoconference can take place only in the presence of the lawyer. On the other hand, the National Agency for the Management of Frozen Assets shall notify the appointed judge of any impediment or delay occurring during the enforcement of a special or extended confiscation measure. (M. Ignatescu)

  • The Penitentiary System and Extended Confiscation

    The Penitentiary System and Extended Confiscation

    October 4th is the deadline for the EU member countries to transpose into national law the directive that provides for the extended confiscation of assets obtained fraudulently. In Romania, the emergency triggered by the deadline set in Brussels coincides with fierce domestic debates on the effects of the fight against corruption. For a long time now, the media, civil society and experts have warned that indicting, arresting and even sentencing top level corruption is worthless, unless it is followed by a recovery of the losses caused by fraud.



    The Justice Minister Raluca Pruna has announced on Radio Romania that a draft law on this matter already exists, and will be submitted to Parliament for endorsement. She has not ruled out the possibility of issuing an emergency ordinance, but has voiced hope that, provided senators and deputies work fast, such a measure won’t be necessary. “The current legislation already stipulates extended confiscation as a potential measure. Unfortunately, it has not been very much used in the cases tried so far, and what we are doing now by means of this draft is to fully transpose the directive”, the minister also said.



    The conviction rate in cases of corruption stands at 90%, which, according to the National Anticorruption Directorate, is proof of the quality of the evidence that criminal cases are built on, as well as of prosecutors’ professionalism. On the other hand, though, the head of the Directorate, Laura Codruta Kovesi, has recently stated that, following the final rulings issued last year alone, the state must recover some 200 million Euro and insisted on the importance of these sentences to be fully served, including by recovering the damages and losses caused by corruption. “Some of those sentenced do not fully serve the sentence decided by judges. Some are released on parole, without any recovery of damage, or due to administrative loopholes. Such cases gradually lead to the situation in which the state loses authority and people lose their trust in state institutions, Mrs. Kovesi has warned.


    The Justice Minister Raluca Pruna has stated that, when it comes to economic crimes, more discouraging is to confiscate the object of the crime rather than serving a sentence that, generally speaking, in Romania and actually elsewhere in the world, is a lesser punishment than for common law offences. She has also said that the full transposition of the European Directive could be a solution for the overcrowding of the domestic penitentiary system.



    This summer, inmates protested loudly against prison conditions. Also, the employees in the system say that their workload is too big and salaries too small, and refuse to do any overtime, which could block activity in prisons, because of staff shortage. The National Administration of Penitentiaries in Romania has 15,000 jobs, covered by only 12,000 people, while the real need stands at some 20,000.



    (Translated by Mihaela Ignatescu)