GARANTAREA PROCESULUI ECHITABIL PENTRU PERSOANELE – ALTELE DECÂT INCULPATUL – ALE CĂROR BUNURI, PRETINS PROVENITE DIN SĂVÂRȘIREA DE FAPTE PENALE, SUNT SUPUSE CONFISCĂRII SPECIALE ORI CONFISCĂRII EXTINSE

In this article, the author presents the foundation of criminal substantive law of the safety measure of special confiscation, which concerns the category of goods obtained from committing criminal acts, as well as of the safety measure of extended confiscation, in both situations the analysis being focused on the assumption that the goods have been alienated by the defendant and they have ended up in the patrimony of other persons. Further on, it is made an analysis of criminal procedural law of the situation of the persons – other than the defendant – whose goods are subject to confiscation in the course of the trial. From the perspective of guaranteeing the right to a fair trial for these persons, the author detects a series of problems of interpretation or even of legislative gaps. Finally, there is a conclusive chapter of the article accompanied by de lege ferenda proposals corresponding to the criticism which the author has developed and argued by reference to the current legal texts.