Română
In recent years, Romania has developed a legal and institutional framework for the recovery of criminal proceeds and instrumentalities. Money laundering is now criminalised as a standalone offence, and several types of confiscation are regulated, including extended confiscation. In the administrative sphere, Romania has introduced the confiscation of unjustified wealth of public officials and a procedure for applying a 70% tax on income from unidentified sources.
International reports state that Romanian has improved its legislation in the assets recovery field but warn of the challenges marking the implementation of the legal provisions. These challenges are visible in a body of case law that adopts a very narrow interpretation of legal concepts, deviating from the standard applied in other jurisdictions for the same legal concepts. This judicial approach calls into question the effectiveness of recovery policies through criminal law instruments.
Romania is currently in the process of transposing EU Directive 2024/1260 on asset recovery and confiscation, a process which offers an ideal opportunity to address some of the issues identified as problematic in practice. Furthermore, the transposition of the directive offers space for refining confiscation mechanisms.
Read our report that explores the scope for freezing, confiscating and social reuse of proceeds and instrumentalities of crime in Romania and the opportunities for reform.
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This report was produced as part of the “Combating Illicit Cash Trafficking” project, supported by the British Embassy in Bucharest. The content is the sole responsibility of Expert Forum and does not necessarily reflect the views of the British Embassy in Bucharest.