Regulation of special and extended confiscation in the criminal legislation of the Republic of Moldova

URL: https://dspace.academy.police.md/regulation-of-special-and-extended-confiscation-in-the-criminal-legislation-of-the-republic-of-moldova/

Data: 2026

The developed article constitutes a multidimensional analysis of the institutions of special confiscation (Art. 106 CC) and extended confiscation (Art. 106¹ CC) within the criminal legislation of the Republic of Moldova, evaluating their degree of alignment with European standards. The author highlights the transition from a paradigm focused on punishing the individual toward one centered on the recovery of criminal proceeds, which is considered a strategic tool of criminal policy. The comparative analysis emphasizes the fundamental distinctions between these two security measures: while special confiscation targets assets with a direct link to the offense (in rem), extended confiscation relies on the presumption of the illicit nature of wealth that is disproportionate to licit income, covering assets acquired within the last 5 years. A central role is attributed to the Criminal Assets Recovery Agency (CARA) in conducting parallel financial investigations using the “follow the money” method to identify beneficial owners and assets hidden through intermediaries. The study identifies critical barriers in judicial practice, such as the inconsistent interpretation of the standard of proof, the low solvency of convicted individuals, and the courts’ reluctance to apply the “partial reversal” of the burden of proof. Finally, lex ferenda proposals are formulated, including the introduction of civil forfeiture (non-conviction based), the specialization of judicial panels, and the expansion of the list of predicate offenses, partially inspired by the American RICO model.