Confiscarea și sechestrul în procesul penal: prezumții legale privind dreptul de proprietate, garanții și jurisprudență [Articol]

Abstract

Property rights issues in criminal proceedings are important due to controversies regarding evidence standards and practical application. There are presumptions and safeguards that aim at protecting the right to property based on both national and international regulatory frameworks, as well as jurisprudence. It is true that criminals have to be deprived of illicit property and proceeds of crime, and that seizure and confiscation of property are necessary and effective means to counter criminal activity, especially serious crime and organized crime, corruption or related crimes. However, it is the evidence that has a central role in refuting presumptions and proving the guilt. In a democratic state, while ensuring justice, there is no place for double standards, selective justice, abusive interventions in property rights, so that fair trial is a priority.