SPECIAL CONFISCATION IN THE CASE OF THE OFFENCE OF MONEY LAUNDERING OF PROCEEDS FROM TAX EVASION
Journal Title: Challenges of the knowledge society ( Provocari ale societatii cunoasterii ) - Year 2018, Vol 10, Issue 12
Abstract
The academic literature and the case-law are concerned with the relationship between the tax evasion offence and the money laundering offence, when the money laundered come from the first offence. More exactly, the question is whether the penalty of special confiscation of the proceeds from tax evasion may still be imposed on a person who committed both offences and is ordered to pay the tax liabilities. In this article we would like to answer this legal issue, taking into account the relevant legal provisions and case-law.
Authors and Affiliations
Mihai Adrian HOTCA
CRIME OF MONEY LAUNDERING REFLECTED IN THE RECENT MANDATORY JURISPRUDENCE OF THE HIGH COURT OF CASSATION AND JUSTICE
This study represents an in-depth analysis of the rulings of the High Court of Cassation and Justice, by the Panel for clarifying certain legal issues. In actuality, it is about the way in which the Supreme Court ruled w...
LEGAL GUARANTEES FOR ENSURING THE RIGHT OF DEFENCE WITHIN CRIMINAL PROCEEDINGS IN ROMANIA AND THE REPUBLIC OF MOLDOVA
This paper aims at providing a comparative study of the legal framework applicable in the legal systems of Romania and the Republic of Moldova ensuring the exercise of the right of defence in criminal proceedings. A spec...
THE PRINCIPLES OF THE NATIONAL SYSTEM OF PROBATION
The principles of the national system of probation represent a series of rules with a wide applicability, which guide the overall functioning of the system and its components. Knowing these principles is particularly imp...
THE DISCERNMENT-REQUIRMENT FOR THE VALIDITY OF CONSENT
The provisions of the Civil Code 2009 have not sufficiently clarified the issue of lack of discernment upon conclusion of a juridical act. This study represents an attempt to clarify some of the aspects of this matter, t...
SUCCESSORAL CAPACITY PECULIARITIES OF THE ROMANIAN ECLESIASTICAL STAFF – A CASE OF ANOMALOUS INHERITANCE
The present study aims at radiographing the condition of the legal capacity to inherit, situated at the confluence of two domains, the legal and the theological one, with convergence points, but also with some distinct c...