The implementation at the national level of the European legislation regarding the administration and recovery of assets resulting from crimes. An overview of the Romanian case

Berceanu, Ionut Bogdan (2021): The implementation at the national level of the European legislation regarding the administration and recovery of assets resulting from crimes. An overview of the Romanian case. Published in: IAI Academic Proceedings (22 September 2021): pp. 26-36.

Abstract

In recent years, the European Union has insisted that convicts should be deprived of illegally obtained goods as a result of a crime. The asset confiscation resulted from crimes is one of the most effective tools in the fight against organized crime. In order to ensure a common approach to confiscation within the EU, several EU legislative instruments have been adopted in recent years, among which there are the most common secondary EU legislation as decisions, directives and regulations. Thus, confiscation is a strategic priority in the EU's fight against organized crime and, as such, has been reflected in the EU's Internal Action Strategy. The purpose of this paper is to make an analysis on the EU legislation regarding the administration and recovery of assets resulting from crimes. Also, the qualitative research of this work will be conducted in order to underline how Romania, as an EU member state, adapted and change its domestic legation and which authorities and procedures were created in order to fulfill with main EU legislative requirements

• Item Type: MPRA Paper
• Language: English
• Keywords: confiscation, asset recovery, asset management, forfeiture, regulation, decisions
• Subjects: K - Law and Economics > K4 - Legal Procedure, the Legal System, and Illegal Behavior; K - Law and Economics > K4 - Legal Procedure, the Legal System, and Illegal Behavior > K41 - Litigation Process; K - Law and Economics > K4 - Legal Procedure, the Legal System, and Illegal Behavior > K42 - Illegal Behavior and the Enforcement of Law

References

European Commission, Press release- Security: the EU is driving work to share information, combat terrorist financing and protect Europeans online, Brussels, June 27, 2017, online available at: https://ec.europa.eu/commission/presscorner/detail/en/IP_17_2106 , accessed: 28.10.2021

FATF/OECD., Best Practices. Confiscation. (Recommendation 4 and 38).- 19 February 2012, online available at: https://www.fatfgafi.org/media/fatf/documents/reports/Best%20Practices%20on%20%20Confiscation%20and%20a%20Framework%20for%20Ongoing%20Work%20on%20Asset%20Recovery.pdf, accessed: 27.10.2021

G8 Best Practices for the Administration of Seized Assets. G8 Lyon/Roma Group. Criminal Legal Affairs Subgroup. Final version dated April 27, 2005

Organización de los Estados Americanos, 2011, Asset Management Systems in Latin America and Best Practices Document on Management of Seized and Forfeited Assets, ISBN 978-0-8270-5705-0, pp. 20-22

Transparency International study, 2015, Comparative Report, was used as an adapted source. Legislation in line with practice: National and European perspectives in Bulgaria, Romania, Italy. available online at: http://www.confiscation.eu/, accessed: 28.10.2021

Transparency International, Procedura de confiscare extinsă în România. raport național, online available at: https://www.transparency.org.ro/stiri/comunicate_de_presa/2014/27februarie/RaportNationalProceduraConfiscareExtinsa.pdf, accessed: 29.10.2021

Council Framework Decision 2005/212/JHA of 24 February 2005 on Confiscation of Crime-Related Proceeds, Instrumentalities and Property, Official Journal of the European Union L 68/49 Law no. 286/2009 on the Criminal Code, Official Gazette of Romania; published in the Official Gazette of Romania, Part I no. 510 of July 7, 2009

Law no. 135/2010 on the Code of Criminal Procedure, Official Gazette of Romania; published in the Official Gazette of Romania, Part I no. 486 of July 15, 2009

Law no. 318/2015 for the establishment, organization and functioning of the National Agency for the Management of Seized Assets and for the modification and completion of some normative acts, Official Gazette of Romania; published in the Official Gazette of Romania, Part I no. 961 of December 24, 2015

Law no. 216/2016 on establishing the destination of confiscated real estate, published in the Official Gazette of Romania, Part I no. 918 of November 15, 2016