Analiza juridico-penală a confiscării speciale a mijlocului de transport în cazul infracțiunilor vamale [Articol]

Abstract

In principle, confiscation should be considered an interference with property rights, because the person concerned is losing a part of his property. However, the right to property is not an absolute one. It may be subject to limitations. Therefore, an interference with the right to property must, first of all, be prescribed by law. At the same time, the law must be accessible and predictable. The interference must also pursue one or more legitimate purposes. Finally, there must be a reasonable proportionality between the used means and the pursued aim or aims. If these conditions are met, we cannot speak of a violation of the right in question.