CONFISCATION, SANCTION ON THE TRANSFER OF STATE OWNERSHIP OF GOODS ON THE BASIS OF A JUDGMENT

Nicolae Gradinaru ()
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Nicolae Gradinaru: “Constantin Brancoveanu” University of Pitesti, Romania

Contemporary Economy Journal, 2022, vol. 7, issue 1, 154-164

Abstract: Confiscation is a sanction that consists in the forced and gratuitous transfer of state property, property under a court decision or an administrative decision. According to art. 562 paragraph 4 of the Civil Code, only the goods destined or used for committing a crime or contraventions or those resulting from them may be confiscated. Confiscations ordered by the courts are carried out by the Ministry of Public Finance, the Ministry of Internal Affairs or, as the case may be, by other public authorities empowered by law, through the competent bodies, established by common order of the heads of the institutions concerned. acts by the competent bodies of the Ministry of Public Finance, or by other public authorities empowered by law, in compliance with the legal provisions in force. If the confiscations concern amounts expressed in foreign currency, the amounts are converted into lei at the exchange rate communicated by the National Bank of Romania, valid on the date on which the confiscation measure becomes final. The confiscated sums, as well as those realized from the capitalization of the confiscated goods, less the expenses imposed by the execution and capitalization, are made income to the state budget or the local budgets, as the case may be, according to the law.

Keywords: misdemeanor; crime; fine; confiscated property (search for similar items in EconPapers)
JEL-codes: K10 (search for similar items in EconPapers)
Date: 2022
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