On Wednesday, the Government approved a bill introducing extended confiscation. The act will be sent to the Parliament for adoption.
The bill amends the current Criminal Code, to provide a legal framework for extended confiscation, Prime Minister Emil Boc said after the Government’s meeting on Wednesday.
According to the prime minister, a person convicted of a crime and sentenced to more than five years in prison will have to prove that their property has been obtained legally. The act allows authorities to seize the assets whose licit origin is not proven. Extended confiscation may be employed in cases of corruption, tax evasion and other economic-financial crimes.
According to Oltean, the Constitutional Court, which has ruled unconstitutional certain provisions of the draft Constitution put forward by President Traian Basescu, including that concerning wealth presumed obtained legitimately, noted the legislature may adopt regulations to allow the country to observe the European legislation on the matter.
Late June, the head of state called on lawmakers to find a way to transpose into national legislation decision 2005/212 of the Justice and Home Affairs Council (JHA) on confiscating illegally obtained property. He highlighted that, the JHA 2005/212 decision also refers to measures allowing authorities to confiscate illegally obtained property transferred to other entities.