NATURA JURIDICĂ A CONFISCĂRII EXTINSE

Abstract

The last few years have been marked by a ”velvet revolution” in criminal policy at the international level. Without neglecting the pre-existing direction, aimed at the identification of the perpetrators and their sanction, as a novelty element, the criminal policy is strongly projected in launching an offensive on the profits and their neutraliza- tion, obtained from the criminal activity. The implementation of an efficient mechanism for the confiscation of property from crime and the interest in this subject at international and European levels has inevitably had consequences in our domestic law. The extended confiscation is a relatively new institution in Moldovan criminal law, adopted as a result of the transposing the numerous international legal tools. This „bad necessity” of modern criminal law, has already begun and will generate in the future a series of theoretical discussions and controversies, but it also strikes a certain rethinking of the practice, specific to all the innovative institutions. Within the limits of a not-too- large study, given that the subject is particularly generous, this article attempts to point out some aspects of the issue of placing extended confiscation to the limit between the two criminal sanctions, penalties and safety measures.