Analiza doctrinară și comparativă a regimurilor juridice naționale și internaționale aplicabile procesului de recuperare a bunurilor infracționale [Articol]

Abstract

Criminal asset recovery is a multi-stage legal process involving identification, seizure, freezing, and confiscation of assets linked to criminal activity. These assets may include those directly obtained through crimes or indirectly transferred afterward. Internationally, key instruments include the UNCAC, UNTOC, and EU Directives, in particular 2024/1260. In Moldova, the law distinguishes between special and extended confiscation—the latter allowing asset forfeiture based on unexplained wealth, involving a partial shift in the burden of proof. The Criminal Assets Recovery Agency (ARBI) is the main institution handling these processes. Similar approaches are used in the UK and US, though with varying reference periods and definitions of a „criminal lifestyle”. Although rooted in criminal law, the process must comply with fundamental rights, such as the right to property and the presumption of innocence, in line with the Constitution and ECHR. Effective international cooperation remains a challenge due to legislative inconsistencies and weak treaty frameworks. Improvements require legal clarity on non-conviction-based confiscation, stronger institutions, and harmonization with international standards. Conclusion: Criminal asset recovery is a key tool against corruption and organized crime, but must balance legal efficiency with the protection of human rights.