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
CONSIDERATIONS REGARDING THE PREVENTIVE MEASURE OF JUDICIAL CONTROL ON BAIL
The judicial control on bail is one of the five preventive measures provided by the New Criminal Procedure Code. The faulty way of regulating the preventive measure of judicial control on bail has determined an extremel...
BRIDGING THE COMPETING VIEWS OF EUROPEAN CULTURAL INTEGRATION: THE TRANSFORMATIVE VIEW OF CULTURE AS A MEANS TO PROMOTE GROWTH, EMPLOYMENT AND SOCIAL COHESION
The concept of a European culture became very complex with the enlargement of 2004 towards the East, when the EU, as Delanty pointed out, moved “beyond postnationality to an encounter with multiple civilizational forms,”...
INTERACTION BETWEEN HAGUE CONVENTION ON THE CIVIL ASPECTS OF INTERNATIONAL CHILD ABDUCTION AND DOMESTIC LITIGATIONS CONCERNING DOMICILE OF THE CHILD AND PARENTAL AUTHORITY
In the vast majority of cases, international abduction of a child determines almost per se litigations both at international and national level, namely an international litigation based on provisions of Hague Convention...
REFLECTIONS ON THE REGULATION OF THE PRINCIPLE OF NON-DISCRIMINATION IN THE ROMANIAN CONSTITUTIONS AND IN THE INTERNATIONAL BILL OF RIGHTS – SELECTIVE ASPECTS
At the onset of the study it is necessary to mention that its topic will be circumscribed to "Reflections on the regulation of the principle of non-discrimination in the Romanian Constitutions and in the International Bi...
SHORT REFLECTIONS REGARDING PRECAUTIONARY AND PREVENTIVE MEASURES ORDERED IN THE CRIMINAL TRIAL AGAINST AN INSOLVENT LEGAL PERSON
The judicial realities have shown us that the field of the precautionary and preventive measures ruled in the criminal trial against the insolvent judicial person is not correctly and efficiently regulated. There are a s...