Facultatea de Drept / Faculty of Law

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Author: search.filters.author.Garaba, Mihai

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    Confiscarea extinsă ca pedeapsă penală. Argumente pro sau contra
    (CEP USM, 2024) Garaba, Mihai
    Extended confiscation is an effective measure in deterring crime and ensuring compensation for victims. By applying this safety measure in the form of a punishment, the aim is not only to sanction the perpetrator, but also to recover the damage caused to society. This approach is considered necessary in the context of complex crimes and organized criminal activities. Conversely, counterarguments raise potential violations of individual rights, suggesting that extensive forfeiture might constitute excessive punishment. The actual effectiveness of this practice in crime prevention is also questioned. The duality of the arguments for and against extended forfeiture, exploring the implications of this method within contemporary criminal justice and emphasizing the need for a balanced approach to ensure respect for individual rights and to achieve the goals of justice and crime deterrence.
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    Confiscarea extinsă în lumina principiilor fundamentale ale dreptului penal
    (CEP USM, 2024) Garaba, Mihai
    Fundamental principles of criminal law, such as legality, proportionality, culpability, and due process, serve as the bedrock of any just and fair legal system. Extended confiscation, which empowers authorities to seize not only the proceeds of crime but also assets derived from criminal activities, raises critical questions about the compatibility of this practice with these foundational principles.By critically analyzing these fundamental principles in the context of extended confiscation, this abstract seeks to contribute to the ongoing discourse surrounding the legal and ethical considerations of this practice.
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    CONFISCAREA EXTINSĂ ȘI CRIPTOMONEDA
    (CEP USM, 2022-03-17) Garaba, Mihai
    In this study we aim to analyze the practical way to implement the extended confiscation of cryptocurrencies, as a security measure applied exclusively by the court, starting from the judicial nature of this criminal sanction. We aim to exemplify the methods of investigating for-profit crimes, which are the starting point for the application of the security measure - extended confiscation. At the same time, we are going to clarify the nature of extended confiscation in criminal proceedings, in order to see to what extent the judge, called to respect both domestic law and the principles established in C.E.D.O. jurisprudence, could apply the institution of extended confiscation to virtual currencies.