Browsing by Author "Scorpan, Alesea"

Now showing 1 - 4 of 4

INSTRUMENTE ÎN CURS DE DEZVOLTARE ALE RECUPERĂRII BUNURILOR INFRACȚIONALE
(Academia de Administrare Publică, 2022) Scorpan, Alesea
There is a global trend towards the widespread application of confiscation of criminal assets, especially those obtained as a result of corruption offenses. Given that criminals are becoming increasingly intelligent and already know the tools used by law enforcement agencies, it is becoming increasingly difficult to fight crime. Through this article we set out to research new methods used by other states or proposed by some authors in the field of recovery of criminal assets. We all know the tools such as confiscation, requests for international legal assistance, seizure, but these are the tools that float above the water, long visible and known not only by law enforcement agencies but also by criminals. What is of real interest are the instruments that are at the ,,bottom of the sea” where not every state had the courage to sink, but they found a real treasure, materialized in recovered criminal property. Some tools are taken from the practice of British law, others are just ideas from practitioners who have worked in the field of criminal property recovery. Confiscation of property is an important tool in the fight against crime, we do not deny the importance of official instruments, but we consider it appropriate to widen the limits imposed by national legislation in this field.
INSTRUMENTE ÎN CURS DE DEZVOLTARE ALE RECUPERĂRII BUNURILOR INFRACȚIONALE
(2022) Scorpan, Alesea
There is a global trend towards the widespread application of confiscation of criminal assets, especially those obtained as a result of corruption offenses. Given that criminals are becoming increasingly intelligent and already know the tools used by law enforcement agencies, it is becoming increasingly difficult to fight crime. Through this article we set out to research new methods used by other states or proposed by some authors in the field of recovery of criminal assets. We all know the tools such as confiscation, requests for international legal assistance, seizure, but these are the tools that float above the water, long visible and known not only by law enforcement agencies but also by criminals. What is of real interest are the instruments that are at the ,,bottom of the sea” where not every state had the courage to sink, but they found a real treasure, materialized in recovered criminal property. Some tools are taken from the practice of British law, others are just ideas from practitioners who have worked in the field of criminal property recovery. Confiscation of property is an important tool in the fight against crime, we do not deny the importance of official instruments, but we consider it appropriate to widen the limits imposed by national legislation in this field.
RECUPERAREA DE BUNURI INFRACŢIONALE PE PLAN INTERNAŢIONAL: DIMENSIUNEA STATISTICĂ
(CEP USM, 2021) Scorpan, Alesea
The purpose of the article is to describe the evidence of the impact of international asset recovery and anti-money laundering efforts on poverty reduction and accountability of political elites using several evaluation methodologies, especially their consolidation for a better understanding of the proposed theme. The article shows the use of recovered assets on poverty reduction and gives evidence from successful cases, taking into account that the analyzed cases were several years ago and their impact now can be measured on the statistical scale.
REFLECȚII PRIVIND DEFICIENȚELE ȘI DISCORDANȚELE NORMATIVE DE NATURĂ SĂ AFECTEZE ASISTENȚA JUDICIARĂ PRIVIND RECUPERAREA BUNURILOR INFRACȚIONALE
(Academia de Administrare Publică, 2021) Scorpan, Alesea
Most of the legal impediments that appears in front of the criminal assets recovery at the international level are the requirements for mutual legal assistance (MLA); excessive banking secrecy; lack of procedures for non-conviction-based confiscation; and excessively difficult procedural and evidentiary laws. Removing legal impediments is obviously essential. Absent a clear and sound legal framework, asset recovery becomes, in a best-case scenario, arduous and, in a worst-case scenario, impossible. Thus, the analysis of the reports of the practitioners in the field at international level, can offer us solutions, which will raise the state to another level.The long process of asset recovery and the low level of cooperation is the best evidence of the shortcomings that stagnate the process of recovering criminal assets.